Anthony Burriola v. Nevada Department of Correctio

MEMORANDUM

Nevada state prisoner Anthony Burriola timely appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action. The district court dismissed Burriola’s claims in Counts 5-7 for failure to exhaust administrative remedies, and granted summary judgment to the defendants on Counts 1, 2 & 4. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, vacate in part, and remand for further proceedings.

Burriola has not waived his challenges to the magistrate judge’s conclusions of law which he raised in his opening brief, despite his failure to object to either the magistrate judge’s report and recommendation regarding the disposition of his complaint or to the magistrate judge’s screening order dismissing some of his claims. See Pollard v. The GEO Group, Inc., 629 F.3d 843, 853 (9th Cir.2010); Robbins v. Carey, 481 F.3d 1143, 1146-47 (9th Cir.2007). However, he has waived any challenge to the magistrate judge’s factual findings, as well as any challenge not addressed in his briefing here. Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir.1991).

We review de novo the legal conclusions underlying a district court’s dismissal for failure to exhaust…