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George Colbert v. M. Carrasco
670 F. App'x 526
| 9th Cir. | 2016
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*1 Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.

California state prisoner George Kenneth Colbert appeals pro se from the district court’s summary judgment for failure to exhaust administrative remedies in 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. Albino v. Baca , *2 747 F.3d 1162, 1168 (9th Cir. 2014) (en banc). We affirm.

The district court properly granted summary judgment because Colbert 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 id. at 1171-72 (setting forth respective burdens where a defendant argues that a prisoner failed to exhaust under the Prison Litigation Reform Act); Sapp v. Kimbrell , 623 F.3d 813, 824 (9th Cir. 2010) (“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 15-16563

[*] 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: George Colbert v. M. Carrasco
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 3, 2016
Citation: 670 F. App'x 526
Docket Number: 15-16563
Court Abbreviation: 9th Cir.
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