NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 15 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAMORI VAUGHN ROGERS, Sr., No. 22-15939

Plaintiff-Appellant, D.C. No. 4:21-cv-00206-JAS

v.

MEMORANDUM*

GALLION, Unknown; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona James Alan Soto, District Judge, Presiding

Submitted December 12, 2023**

Before: WALLACE, LEE, and BUMATAY, Circuit Judges.

Federal prisoner Ramori Vaughn Rogers, Sr., appeals pro se from the district

court’s summary judgment for failure to exhaust administrative remedies in his

action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of

Narcotics, 403 U.S. 388 (1971), alleging constitutional claims. We have

* 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). 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.

The district court properly granted summary judgment because Rogers failed

to exhaust his administrative remedies and failed to raise a genuine dispute of

material fact as to whether administrative remedies were effectively unavailable.

See id. at 1172 (setting forth exhaustion framework under the Prison Litigation

Reform Act (“PLRA”)); see also Ross v. Blake, 578 U.S. 632, 643-44 (2016)

(describing limited circumstances in which administrative remedies are

unavailable); Porter v. Nussle, 534 U.S. 516, 524 (2002) (requiring PLRA

exhaustion for federal prisoners’ Bivens actions).

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

All pending motions and requests are denied.

AFFIRMED.

2 22-15939