Enrique Ortiz v. COLE, Avenal State Prison Correction Officer

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ENRIQUE ORTIZ,
Plaintiff-Appellant,
v.
COLE, Avenal State Prison Correction
Officer,
Defendant-Appellee.
No. 15-17555
D.C. No. 1:14-cv-00637-DAD-
DLB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted January 18, 2017**
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
* 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).
FILED
JAN 26 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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