NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 21 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALBERT J. HAMILTON, No. 17-16770

Plaintiff-Appellant, D.C. No. 1:15-cv-00661-AWI-SAB

v.

MEMORANDUM*

WASCO STATE PRISON; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding

Submitted August 15, 2018**

Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.

Albert J. Hamilton, a California state prisoner, appeals pro se from the

district court’s summary judgment for failure to exhaust administrative remedies in

his 42 U.S.C. § 1983 action alleging constitutional violations. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo. Williams v. Paramo,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 775 F.3d 1182, 1191 (9th Cir. 2015). We affirm.

The district court properly granted summary judgment because Hamilton did

not properly exhaust his administrative remedies or raise a genuine dispute of

material fact as to whether administrative remedies were effectively unavailable to

him. See Ross v. Blake, 136 S. Ct. 1850, 1858-60 (2016) (describing the limited

circumstances under which administrative remedies are deemed unavailable);

Woodford v. Ngo, 548 U.S. 81, 90 (2006) (“[P]roper exhaustion of administrative

remedies . . . means using all steps that the agency holds out, and doing so property

(so that the agency addresses the issues on the merits).” (citation, internal

quotation marks, and emphasis omitted)).

All pending requests are denied.

AFFIRMED.

2 17-16770