NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMES KELLEY, No. 17-16715
Plaintiff-Appellant, D.C. No. 3:16-cv-00041-MMD-
WGC
v.
KAREN GEDNEY; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted March 13, 2018**
Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Nevada state prisoner James Kelley 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 deliberate indifference to his medical needs. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Williams v. Paramo,
*
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).
775 F.3d 1182, 1191 (9th Cir. 2015). We affirm.
The district court properly granted summary judgment because Kelley did
not properly exhaust his administrative remedies, and Kelley failed to raise a
genuine dispute of material fact as to whether administrative remedies were
effectively unavailable to him. See Ross v. Blake, 136 S. Ct. 1850, 1858-59 (2016)
(describing limited circumstances in which administrative remedies are effectively
unavailable); Griffin v. Arpaio, 557 F.3d 1117, 1119 (9th Cir. 2009) (“Exhaustion
must be proper . . . . [A] grievant must use all steps the prison holds out, enabling
the prison to reach the merits of the issue.”) (citation and internal quotation marks
omitted)).
We do not consider documents not filed with the district court. See
Barcamerica Int’l USA Trust v. Tyfield Imps., Inc., 289 F.3d 589, 595 (9th Cir.
2002).
AFFIRMED.
2 17-16715