Alex Ross v. A. David

MEMORANDUM

California state prisoner Alex Deon Ross appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs and safety. 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 summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We may affirm on any basis supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.

The district court properly dismissed Ross’s claims against defendant Dewar because Ross failed to exhaust administrative remedies as to these claims. See Woodford v. Ngo, 548 U.S. 81, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules).

Summary judgment was proper on Ross’s claims against defendants Drs. Swingle and Roche because Ross failed to raise a genuine dispute of material fact as to whether Swingle and Roche consciously disregarded a serious risk to his health and safety. See Toguchi, 391 F.3d…