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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 19 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DOUGLAS WAYNE DERELLO, Jr., AKA No. 21-15246 Douglas Wayne Derello, D.C. No. 2:20-cv-00956-MTL Plaintiff-Appellant, v. MEMORANDUM* DAVID SHINN, Director; KARR, Deputy Warden at SMU; CARR, First name unknown, Defendants-Appellees. Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding Submitted April 11, 2022** Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges. Arizona state prisoner Douglas Wayne Derello appeals pro se from the district court’s summary judgment for failure to exhaust administrative remedies in his
42 U.S.C. § 1983action alleging deliberate indifference to his safety. We have * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). jurisdiction under
28 U.S.C. § 1291. We review de novo. Williams v. Paramo,
775 F.3d 1182, 1191 (9th Cir. 2015). We affirm. The district court properly granted summary judgment because Derello failed to exhaust administrative remedies and he failed to raise a genuine dispute of material fact as to whether administrative remedies were effectively unavailable to him. See Ross v. Blake,
578 U.S. 642-45 (2016) (setting forth circumstances when administrative remedies are effectively unavailable); Woodford v. Ngo,
548 U.S. 81, 90 (2006) (proper exhaustion requires “using all steps that the agency holds out, and doing so properly (so that the agency addresses the issues on the merits)” (internal quotation marks omitted)). We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright,
587 F.3d 983, 985 n.2 (9th Cir. 2009). AFFIRMED. 2 21-15246
Document Info
Docket Number: 21-15246
Filed Date: 4/19/2022
Precedential Status: Non-Precedential
Modified Date: 4/19/2022