Rickie Hill v. Christopher Davis

MEMORANDUM

Nevada state prisoner Rickie L. Hill appeals pro se from the district court’s judgment following a jury trial in his 42 U.S.C. § 1983 action alleging claims of deliberate indifference to safety and failure to protect. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s summary judgment for failure to exhaust administrative remedies. Albino v. Baca, 747 F.3d 1162, 1168, 1171 (9th Cir. 2014). We affirm.

The district court properly granted summary judgment for defendant Willis because Hill failed to raise a genuine dispute of material fact as to whether he properly exhausted his administrative remedies, or whether administrative remedies were effectively unavailable to him. See Woodford v. Ngo, 548 U.S. 81, 84, 90 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (requiring proper exhaustion, which means “using all steps that the agency holds out, and doing so properly (so that the agency addresses the issues on the merits)” (emphasis, citation, and quotation marks omitted)); Sapp v. Kimbrell, 623 F.3d 813, 822-24, 826-27 (9th Cir. 2010) (describing limited circumstances under which administrative remedies might be effectively unavailable or…