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Arellano v. Olson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 23, 2021
No. 19-56264 (9th Cir. Feb. 23, 2021)

Opinion

No. 19-56264

02-23-2021

RAUL ARELLANO, Plaintiff-Appellant, v. R. OLSON, Appeal Coordinator (CCII); COMMISSIONER OF STATE DEPARTMENT OF CORRECTIONS, Defendants-Appellees, and B. SELF, CCII (Appeal Coordinator); et al., Defendants.


NOT FOR PUBLICATION

D.C. No. 3:15-cv-02300-AJB-LL MEMORANDUM Appeal from the United States District Court for the Southern District of California
Anthony J. Battaglia, District Judge, Presiding Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

California state prisoner Raul Arellano 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 retaliation. We have 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 Arellano failed to exhaust his administrative remedies and failed to raise a genuine dispute of material fact as to whether administrative remedies were effectively unavailable. See 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)" (citation and internal quotation marks omitted)); McBride v. Lopez, 807 F.3d 982, 986-87 (9th Cir. 2015) (to show that a threat rendered the prison grievance system unavailable, a prisoner must show that he subjectively believed prison officials would retaliate against him and that his belief was objectively reasonable).

The district court did not abuse its discretion by excluding the late filed signature page for Arellano's opposition to defendants' motion for summary judgment. See Orr v. Bank of Am., NT & SA, 285 F.3d 764, 773 (9th Cir. 2002) (setting forth standard of review and grounds for excluding evidence).

AFFIRMED.


Summaries of

Arellano v. Olson

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 23, 2021
No. 19-56264 (9th Cir. Feb. 23, 2021)
Case details for

Arellano v. Olson

Case Details

Full title:RAUL ARELLANO, Plaintiff-Appellant, v. R. OLSON, Appeal Coordinator…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Feb 23, 2021

Citations

No. 19-56264 (9th Cir. Feb. 23, 2021)