NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 29 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GUILLERMO CRUZ TRUJILLO, No. 17-15706
Plaintiff-Appellant, D.C. No. 1:14-cv-01371-DAD-EPG
v.
MEMORANDUM*
RODRIGUEZ, Nurse, individual capacity,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
Guillermo Cruz Trujillo, a California state prisoner, 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 constitutional violations. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Jackson v. Fong, 870
*
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).
F.3d 928, 932 (9th Cir. 2017). We affirm.
The district court properly granted summary judgment because Trujillo did
not properly exhaust his administrative remedies, or show 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); Sapp v. Kimbrell, 623 F.3d 813, 823-24 (9th
Cir. 2010) (plaintiff bears the burden of showing that he attempted to exhaust his
administrative remedies and that remedies were unavailable).
Trujillo does not challenge the district court’s dismissal of his remaining
claims in his opening brief and has therefore waived any challenge to the district
court’s dismissal of those claims. See Paladin Assocs., Inc. v. Mont. Power Co.,
328 F.3d 1145, 1164 (9th Cir. 2003).
We do not consider documents not filed with the district court. See United
States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).
AFFIRMED.
2 17-15706