Mitchell Fields v. Cheryl Burson

MEMORANDUM

Mitchell Fields is a Nevada state prisoner who has claimed numerous violations of federal law and his constitutional rights by prison officials. We earlier affirmed the summary judgment against him on all grounds except his claims for excessive force and retaliation. Fields v. Bannister, 453 F. App’x 720, 721 (9th Cir.2011). We remanded the excessive force and retaliation claims because the defendants had not shown that Fields failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). Id.

On remand, the defendants demonstrated that Fields received notice of the prison’s rejection of his excessive force grievance, but he failed to timely appeal that decision. We therefore affirm the district court’s determination that Fields failed to exhaust his excessive force grievance.

In Fields’s earlier appeal, we remanded the retaliation claim because the record showed that prison officials improperly screened Fields’s two grievances claiming retaliatory placement in administrative segregation (“ad seg”) as duplicates of his excessive force grievances. Id. On remand, the district court agreed with defendants that our…