Tai Braggs v. Joseph Arpaio
Tai Braggs v. Joseph Arpaio
Dissenting Opinion
dissenting:
I dissent.
Opinion of the Court
MEMORANDUM
Tai Parie Braggs, a former pretrial detainee in the Maricopa County Jails, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action, without prejudice, for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.
The district court did not err in considering the evidence Arpaio submitted with his reply to Braggs’s opposition to the motion to dismiss, to which Braggs had opportunity to and did respond. See Miller v. Glenn Miller Prods., 454 F.3d 975, 979 n. 1 (9th Cir. 2006) (per curiam) (holding that the district court did not err in considering evidence first submitted in the moving party’s reply to the opposition to summary adjudication where the evidence was introduced to counter claims made in the opposition, and the non-moving party could have asked the district court for permission to respond).
Braggs’s remaining contentions are unpersuasive.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.