Chris Grindling v. Todd Thomas

MEMORANDUM

Christopher Grindling, a Hawaii state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging violations of his right to religious freedom and retaliation for filing grievances. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003) (dismissal for failure to exhaust administrative remedies); Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001) (summary judgment). We affirm.

The district court properly dismissed the religious freedom claims without prejudice because Grindling failed to exhaust administrative remedies or demonstrate that he was prevented from doing so. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (“proper exhaustion” is mandatory and requires adherence to administrative procedural rules).

The district court properly granted summary judgment on the retaliation claim because Grindling failed to raise a genuine dispute of material fact as to whether his placement in disciplinary segregation failed to advance a legitimate penological goal. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005)…