FILED
NOT FOR PUBLICATION NOV 03 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GEORGE KENNETH COLBERT, No. 15-16563
Plaintiff-Appellant, D.C. No. 1:11-cv-00010-AWI-
GSA
v.
M. CARRASCO; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted October 25, 2016**
Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
California state prisoner George Kenneth Colbert appeals pro se from the
district court’s summary judgment for failure to exhaust administrative remedies in
his 42 U.S.C. § 1983 action alleging a First Amendment retaliation claim. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo. Albino v. Baca,
*
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).
747 F.3d 1162, 1168 (9th Cir. 2014) (en banc). We affirm.
The district court properly granted summary judgment because Colbert
failed to raise a genuine dispute of material fact as to whether he properly
exhausted his available administrative remedies with respect to the claim at issue in
this case. See id. at 1171-72 (setting forth respective burdens where a defendant
argues that a prisoner failed to exhaust under the Prison Litigation Reform Act);
Sapp v. Kimbrell, 623 F.3d 813, 824 (9th Cir. 2010) (“A grievance suffices to
exhaust a claim if it puts the prison on adequate notice of the problem for which
the prisoner seeks redress.”).
AFFIRMED.
2 15-16563