NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 20 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIE C. DAVIS, No. 18-35232
Plaintiff-Appellant, D.C. No. 3:16-cv-05146-RBL
v.
MEMORANDUM*
WASHINGTON STATE DEPARTMENT
OF CORRECTIONS,
Defendant,
and
PETER GREEN; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
Washington state prisoner Willie C. Davis appeals pro se from the district
*
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).
court’s summary judgment for failure to exhaust administrative remedies in his 42
U.S.C. § 1983 action alleging federal and state law claims. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo. Albino v. Baca, 747 F.3d 1162,
1168 (9th Cir. 2014) (en banc). We affirm.
The district court properly granted summary judgment because Davis did not
exhaust his administrative remedies, and he failed to raise a genuine dispute of
material fact as to whether administrative remedies were effectively unavailable to
him. 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)); see also Ross v. Blake, 136 S. Ct. 1850, 1858-60 (2016)
(describing limited circumstances under which administrative remedies are
effectively unavailable). We reject as meritless Davis’s contention that the
mishandling of his medical records affected his ability to exhaust available
administrative remedies.
AFFIRMED.
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