ENRIQUE ORTIZ V. COLE, No. 15-17555 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION JAN 26 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT ENRIQUE ORTIZ, U.S. COURT OF APPEALS No. 15-17555 Plaintiff-Appellant, D.C. No. 1:14-cv-00637-DADDLB v. COLE, Avenal State Prison Correction Officer, MEMORANDUM* Defendant-Appellee. 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). 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. 2 15-17555

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