Wayne Robertson v. R. Vanzandt

MEMORANDUM

Wayne Jerome Robertson, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1988 action alleging constitutional violations in connection with his placement in prison housing where he was attacked by other inmates. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to exhaust administrative remedies, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and its summary judgment, Oliver v. Keller, 289 F.3d 623, 626 (9th Cir. 2002), and we affirm.

The district court properly determined that, because Robertson’s grievance was rejected as untimely, it did not serve to exhaust his claims against defendants Van-Zandt, Arvizu, Walters, Vaughn, Farris, McDaniel, Lomonaco, and Gabaldon. See Woodford v. Ngo, 548 U.S. 81, 83-84, 95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” under 42 U.S.C. § 1997 is mandatory and cannot be satisfied “by filing an untimely or otherwise procedurally defective administrative grievance or appeal”). Moreover, Robertson’s contention that his pro bono counsel advised him that he had properly exhausted his…