NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 3 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DERRYL TYRONE FOSTER, No. 18-15528
Plaintiff-Appellant, D.C. No. 1:16-cv-01839-LJO-SAB
v.
MEMORANDUM*
J. HUEWE, Correctional Officer at
Corcoran State Prison; 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 27, 2018**
Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.
California state prisoner Derryl Tyrone Foster 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 various constitutional claims. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Albino v. Baca, 747
*
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 1162, 1168 (9th Cir. 2014) (en banc). We affirm.
The district court properly granted summary judgment on Foster’s failure-to-
protect claim because Foster did not exhaust his administrative remedies and failed
to raise a genuine dispute of material fact as to whether administrative remedies
were effectively unavailable. See Woodford v. Ngo, 548 U.S. 81, 90 (2006)
(proper exhaustion requires “using all steps that the agency holds out, and doing so
properly (so that the agency addresses the issues on the merits)” (emphasis,
citation, and internal quotation marks omitted)); Sapp v. Kimbrell, 623 F.3d 813,
823-24, 826-27 (9th Cir. 2010) (describing limited circumstances under which
exhaustion may be effectively unavailable).
Foster’s request regarding production of documents, set forth in his reply
brief, is denied.
AFFIRMED.
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