VASILIS SAKELLARIDIS V. J. CABRERA, No. 17-16009 (9th Cir. 2017)
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FILED NOT FOR PUBLICATION DEC 21 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT VASILIS FOTIOU SAKELLARIDIS, Plaintiff - Appellant, U.S. COURT OF APPEALS No. 17-16009 D.C. No. 1:15-cv-001776-DADMJS v. J. CABRERA, Correctional Officer at CSP-Corcoran, MEMORANDUM* Defendant - Appellee. Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding Submitted December 18, 2017** Before: WALLACE, SILVERMAN and BYBEE, Circuit Judges. California state prisoner Vasilis Fotiou Sakellaridis appeals pro se from the district court’s summary judgment for failure to exhaust in his 42 U.S.C. § 1983 action alleging retaliation in violation of the First Amendment. We have * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 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, Andres v. Marshall, 867 F.3d 1076, 1077 (9th Cir. 2017), and we affirm. The district court properly granted summary judgment because Sakellaridis did not exhaust his administrative remedies, and he failed to raise a genuine dispute of material fact as to whether administrative remedies were effectively unavailable to him. See Williams v. Paramo, 775 F.3d 1182, 1191 (9th Cir. 2015) (setting forth the burden-shifting framework for exhaustion); see also Ross v. Blake, 136 S. Ct. 1850, 1858-60 (2016) (setting forth circumstances when administrative remedies are unavailable). AFFIRMED. 2 17-16009
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