NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 22 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEVIN DEON BRAZIER, No. 17-15898
Plaintiff-Appellant, D.C. No. 1:13-cv-00787-LJO-MJS
v.
MEMORANDUM*
JEFFREY A. BEARD; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, Chief Judge, Presiding
Submitted November 15, 2017**
Before: CANBY, TROTT, and GRABER, Circuit Judges.
California state prisoner Kevin Deon Brazier appeals pro se from the district
court’s summary judgment for failure to exhaust administrative remedies in his 42
U.S.C. § 1983 action arising from defendants’ failure to grant him a kosher diet.
We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Williams v.
*
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).
Paramo, 775 F.3d 1182, 1191 (9th Cir. 2015). We affirm.
The district court properly granted summary judgment because Brazier
failed to raise a genuine dispute of material fact as to whether he properly
exhausted administrative remedies, or whether administrative remedies were
effectively unavailable to him. See Ross v. Blake, 136 S. Ct. 1850, 1858-60 (2016)
(describing limited circumstances under which administrative remedies are deemed
unavailable); Woodford v. Ngo, 548 U.S. 81, 90 (2006) (“[P]roper exhaustion of
administrative remedies . . . means using all steps that the agency holds out, and
doing so properly (so that the agency addresses the issues on the merits).” (citation,
internal quotation marks, and emphasis omitted)).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 17-15898