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Douglas Derello, Jr. v. David Shinn
21-15246
| 9th Cir. | Apr 19, 2022
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*1 Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.

Arizona state prisoner Douglas Wayne Derello appeals pro se from the district court’s summary judgment for failure to exha ust administrative remedies in his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety. We have *2 jurisdiction under 28 U.S.C. § 1291. We review de novo. Williams v. Paramo , 775 F.3d 1182, 1191 (9th Cir. 2015). We affirm.

The district court properly granted summary judgment because Derello failed to exhaust administrative remedies and he failed to raise a genuine dispute of material fact as to whether administrative remedies were effectively unavailable to him. See Ross v. Blake , 578 U.S. 642-45 (2016) (setting forth circumstances when administrative remedies are effectively unavailable); 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)” (internal quotation marks omitted)).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

2 21-15246

[*] 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).

Case Details

Case Name: Douglas Derello, Jr. v. David Shinn
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 19, 2022
Docket Number: 21-15246
Court Abbreviation: 9th Cir.
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