Milorad Olic v. R. Chacon

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 7 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MILORAD TEODOR OLIC, AKA Milorad No. 19-15451
Olic,
D.C. No. 2:16-cv-02128-KJM-EFB
Plaintiff-Appellant,
v. MEMORANDUM*
R. CHACON; M. RAINEY,
Defendants-Appellees,
and
D. CHURCH,
Defendant.
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted February 4, 2020**
Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.
California state prisoner Milorad Teodor Olic appeals pro se from the district
*
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).
court’s summary judgment for failure to exhaust administrative remedies in his 42
U.S.C. § 1983 action alleging excessive force. 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 Olic 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)); see also Cal. Code Regs. tit. 15, § 3084.3(a) (“An inmate or parolee
shall obtain and attach all supporting documents . . . prior to submitting the appeal
to the appeals coordinator.”); McSherry v. City of Long Beach, 584 F.3d 1129,
1138 (9th Cir. 2009) (“Summary judgment requires facts, not simply unsupported
denials or rank speculation.”).
AFFIRMED.
2 19-15451