Ramori Rogers, Sr. v. Gallion

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 15 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAMORI VAUGHN ROGERS, Sr., No. 22-15939
Plaintiff-Appellant, D.C. No. 4:21-cv-00206-JAS
v.
MEMORANDUM*
GALLION, Unknown; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
James Alan Soto, District Judge, Presiding
Submitted December 12, 2023**
Before: WALLACE, LEE, and BUMATAY, Circuit Judges.
Federal prisoner Ramori Vaughn Rogers, Sr., appeals pro se from the district
court’s summary judgment for failure to exhaust administrative remedies in his
action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971), alleging constitutional claims. We have
*
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).
jurisdiction under 28 U.S.C. § 1291. We review de novo. Albino v. Baca, 747
F.3d 1162, 1168 (9th Cir. 2014) (en banc). We affirm.
The district court properly granted summary judgment because Rogers 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 id. at 1172 (setting forth exhaustion framework under the Prison Litigation
Reform Act (“PLRA”)); see also Ross v. Blake, 578 U.S. 632, 643-44 (2016)
(describing limited circumstances in which administrative remedies are
unavailable); Porter v. Nussle, 534 U.S. 516, 524 (2002) (requiring PLRA
exhaustion for federal prisoners’ Bivens actions).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions and requests are denied.
AFFIRMED.
2 22-15939