Vasilis Sakellaridis v. J. Cabrera ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
VASILIS FOTIOU SAKELLARIDIS, No. 17-16009
Plaintiff - Appellant, D.C. No. 1:15-cv-001776-DAD-
MJS
v.
J. CABRERA, Correctional Officer at MEMORANDUM*
CSP-Corcoran,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN and BYBEE, Circuit Judges.
California state prisoner Vasilis Fotiou Sakellaridis appeals pro se from the
district court’s summary judgment for failure to exhaust in his 42 U.S.C. § 1983
action alleging retaliation in violation of the First Amendment. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 28 U.S.C. § 1291. We review de novo, Andres v. Marshall, 867
F.3d 1076, 1077 (9th Cir. 2017), and we affirm.
The district court properly granted summary judgment because Sakellaridis
did not exhaust his administrative remedies, and he failed to raise a genuine dispute
of material fact as to whether administrative remedies were effectively unavailable
to him. See Williams v. Paramo, 775 F.3d 1182, 1191 (9th Cir. 2015) (setting forth
the burden-shifting framework for exhaustion); see also Ross v. Blake, 136 S. Ct.
1850, 1858-60 (2016) (setting forth circumstances when administrative remedies
are unavailable).
AFFIRMED.
2 17-16009