Todd Ashker v. Arnold Schwarzenegger

MEMORANDUM

California state prisoners Todd Lewis Ashker and Danny Troxell appeal pro se from the district court’s judgment in their 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to exhaust, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and the entry of summary judgment, Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003). We affirm.

The district court properly dismissed portions of plaintiffs’ claims under the First, Fifth, Eighth, and Fourteenth Amendments and the Ex Post Facto Clause for failure to exhaust because certain of their grievances failed to comply with the regulations or describe the facts underlying these claims, while others were not exhausted before they filed the action. See Woodford v. Ngo, 548 U.S. 81, 88, 93 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (requiring proper exhaustion); Griffin v. Arpaio, 557 F.3d 1117, 1120-21 (9th Cir.2009) (grievances must give notice of claim); McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir.2002) (per curiam) (standard for timely exhaustion).

The district court properly granted partial summary judgment on plaintiffs’ First Amendment claim because they…