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Enrique Ortiz v. Cole
15-17555
| 9th Cir. | Jan 26, 2017
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*1 Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.

Enrique Ortiz, a former California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28 U.S.C. § 1291. We review de *2 novo the district court’s summary judgment for failure to exhaust administrative remedies. Williams v. Paramo , 775 F.3d 1182, 1191 (9th Cir. 2015). We affirm.

The district court properly granted summary judgment because Ortiz failed to raise a genuine dispute of material fact as to whether he properly exhausted his administrative remedies. See Ross v. Blake , 136 S. Ct. 1850, 1856 (2016) (exhaustion under the Prison Litigation Reform Act is mandatory).

AFFIRMED.

2 15-17555

[*] 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: Enrique Ortiz v. Cole
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jan 26, 2017
Docket Number: 15-17555
Court Abbreviation: 9th Cir.
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