Timothy Deanore Wilkins v. California Department of Corrections and Rehabilitation;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TIMOTHY DEANORE WILKINS,
Plaintiff-Appellant,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION; et al.,
Defendants-Appellees.
No. 20-55805
D.C. No. 2:18-cv-09116-VAP-E
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted October 12, 2021**
Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.
California state prisoner Timothy Deanore Wilkins 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 deliberate indifference to his serious medical
* 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
OCT 18 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-55805
needs. We have 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 Wilkins
failed to exhaust administrative remedies and failed to raise a genuine dispute of
material fact as to whether administrative remedies were effectively unavailable to
him. See Woodford v. Ngo, 548 U.S. 81, 90 (2006) (explaining that 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)” (emphasis,
citation, and internal quotation marks omitted)); see also Ross v. Blake, 136 S. Ct.
1850, 1858-60 (2016) (setting forth circumstances when administrative remedies
are effectively unavailable).
AFFIRMED.

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