Frederick Fischer v. Daniel Griffith

MEMORANDUM

Frederick J. Fischer, a Washington state prisoner, appeals pro se from the district court’s judgment dismissing for failure to exhaust administrative remedies his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir.2014) (en banc), and we affirm.

The district court properly concluded that Fischer failed to exhaust administrative remedies because Fischer did not show that he had completed the prison’s grievance procedures or that administrative remedies were effectively unavailable to him. See Woodford v. Ngo, 548 U.S. 81, 90, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (the Prison Litigation Reform Act requires “proper exhaustion,” which means completing the administrative review process in compliance with the applicable procedural rules, including deadlines); Albino, 747 F.3d at 1172 (setting forth respective burdens where defendant argues that prisoner failed to exhaust administrative remedies); Sapp v. Kimbrell, 623 F.3d 813, 822 (9th Cir.2010) (exhaustion' is not required where administrative remedies are rendered “effectively…