Harold Shamburger v. R. Kirkland

MEMORANDUM

California state prisoner Harold B. Shamburger appeals pro se from the district court’s judgment in his 42 U.S.C. § 198S action alleging claims for retaliation and various constitutional violations stemming from his placement and continuing confinement in administrative segregation because of his validation as a prison gang member. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam), and we affirm.

The district court properly dismissed Shamburger’s retaliation claim and his Eighth Amendment claim challenging the conditions of his confinement because he did not exhaust his administrative remedies with regard to these claims. See Woodford v. Ngo, 548 U.S. 81 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (Prison Litigation Reform Act requires prisoners to exhaust administrative remedies prior to bringing suit).

The district court properly granted summary judgment on Shamburger’s due process claim challenging his initial placement in administrative segregation as time-barred. See Maldonado v. Harris, 370 F.3d 945, 954 (9th Cir.2004) (California personal injury statute of limitations applies to…