Garland v. Eldridge

U.S. Court of Appeals for the Ninth Circuit

Garland v. Eldridge

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 16 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

SHAUN DARNELL GARLAND, No. 23-2338 D.C. No. 2:20-cv-01061-DAD-JDP Plaintiff - Appellant,

v. MEMORANDUM*

LAURA ELDRIDGE, Warden; S. DEJESUS, Appeals Coordinator; BLACKWELL, Correctional Officer; C. FLORES, CDCR Investigator,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding

Submitted July 15, 2025**

Before: SILVERMAN, TALLMAN, and BUMATAY, Circuit Judges.

Shaun Darnell Garland, a California state prisoner, appeals pro se from the

district court’s summary judgment for failure to exhaust administrative remedies in

* 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). his 42 U.S.C. § 1983 action alleging a First Amendment retaliation claim. We

have jurisdiction under 28 U.S.C. § 1291. We review de novo. Donell v. Kowell,

533 F.3d 762, 769 (9th Cir. 2008). We affirm.

The district court properly granted summary judgment because Garland

failed to raise a genuine dispute of material fact as to whether he properly

exhausted his available administrative remedies with respect to the claim at issue

in this case. See Sapp v. Kimbrell, 623 F.3d 813, 824 (9th Cir. 2010) (explaining

that “[a] grievance suffices to exhaust a claim if it puts the prison on adequate

notice of the problem for which the prisoner seeks redress”).

AFFIRMED.

2 23-2338

Reference

Status
Unpublished