Jacob Smith v. Roey Pfister

NOT FOR PUBLICATION FILED

NOV 19 2021

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JACOB SMITH, No. 21-35350

Plaintiff-Appellant, D.C. No. 6:20-cv-00005-BMM

v.

MEMORANDUM*

ROEY PFISTER; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding

Submitted November 8, 2021**

Before: CANBY, TASHIMA, and MILLER, Circuit Judges.

Montana state prisoner Jacob Smith 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 retaliation. We have jurisdiction under 28 U.S.C. § 1291.

We review de novo. Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir. 2014) (en

banc). We affirm.

* 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). The district court properly granted summary judgment for…