Vasilis Sakellaridis v. J. Cabrera

U.S. Court of Appeals for the Ninth Circuit
Vasilis Sakellaridis v. J. Cabrera, 707 F. App'x 936 (9th Cir. 2017)
Wallace, Silverman, Bybee

Vasilis Sakellaridis v. J. Cabrera

Opinion

MEMORANDUM **

California state prisoner Vasilis Fotiou Sakellaridis appeals pro se from the district court’s summary judgment for failure to exhaust in his 42 U.S.C. § 1983 action alleging retaliation in violation of the First Amendment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Andres v. Marshall, 867 F.3d 1076, 1077 (9th Cir. 2017), and we affirm.

The district court properly granted summary judgment because Sakellaridis 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 Williams v. Paramo, 775 F.3d 1182, 1191 (9th Cir. 2015) (setting forth the burden-shifting framework for exhaustion); see also Ross v. Blake, — U.S. -, 136 S.Ct. 1850, 1858-60, 195 L.Ed.2d 117 (2016) (setting forth circumstances when administrative remedies are unavailable).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Vasilis Fotiou SAKELLARIDIS, Plaintiff-Appellant, v. J. CABRERA, Correctional Officer at CSP-Corcoran, Defendant-Appellee
Status
Unpublished