NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEVEN M. CRUM, No. 17-35449
Plaintiff-Appellant, D.C. No. 6:16-cv-00600-HZ
v.
MEMORANDUM*
TANYIA BEAL, Counselor, Oregon State
Correctional Institution (OSCI); et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Oregon
Marco A. Hernandez, District Judge, Presiding
Submitted January 15, 2019**
Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
Oregon state prisoner Steven M. Crum appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison mail
restrictions violated his constitutional rights to familial association, due process,
and equal protection. We have jurisdiction under 28 U.S.C. § 1291. We review de
*
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).
novo a district court’s summary judgment for failure to exhaust administrative
remedies. Jackson v. Fong, 870 F.3d 928, 932 (9th Cir. 2017). We affirm.
The district court properly granted summary judgment because Crum did not
exhaust administrative remedies before filing his action. See Ross v. Blake, 136 S.
Ct. 1850, 1858-60 (2016) (explaining that an inmate must exhaust “such
administrative remedies as are available” before bringing suit, and describing
limited circumstances under which administrative remedies are effectively
unavailable).
AFFIRMED.
2 17-35449