Patterson

MEMORANDUM ***

Arizona state prisoner Barry Northcross Patterson appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging constitutional violations related to his kosher meal plan. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissal based on exhaustion, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), as well as summary judgment, Beene v. Terhune, 380 F.3d 1149, 1150 (9th Cir.2004). We affirm in part, vacate in part, and remand.

The district court correctly determined that Patterson failed to exhaust prison grievance procedures with respect to his claims against defendants Wilber, Curran, and Soulvie. See Woodford v. Ngo, 548 U.S. 81, 90-91 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (explaining that “proper exhaustion” requires adherence to administrative procedural rules).

The district court properly granted summary judgment with respect to Patterson’s claims of retaliation because he failed to raise a genuine issue of material fact as to whether defendants retaliated against him for exercising his constitutional rights. See Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912 , 922 (9th Cir.2001) (explaining that…