Diaz v. Cunha

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 14 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ENRIQUE ZACARIAS DIAZ, No. 24-5355 D.C. No. 2:22-cv-01125-YY Plaintiff - Appellant, v. MEMORANDUM* J. CUNHA; V. ALVARADO; D. MCGREGOR; J. CIMMIYOTI; J. BATEMAN; T. NESS; A. GONZALEZ; OREGON DEPARTMENT OF CORRECTIONS, Defendants - Appellees. Appeal from the United States District Court for the District of Oregon Adrienne C. Nelson, District Judge, Presiding Submitted August 19, 2025** Before: SILVERMAN, HURWITZ, and BADE, Circuit Judges. Oregon state prisoner Enrique Zacarias Diaz appeals pro se from the district court’s summary judgment for failure to exhaust administrative remedies in his 42 * 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). U.S.C. § 1983 action alleging constitutional claims arising from his time in disciplinary segregation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Williams v. Paramo, 775 F.3d 1182, 1191 (9th Cir. 2015). We affirm. The district court properly granted summary judgment because Diaz failed to exhaust administrative remedies and failed to raise a genuine dispute of material fact as to whether administrative remedies were unavailable to him. See Ross v. Blake, 578 U.S. 632, 642-44 (2016) (explaining that an inmate must exhaust such administrative remedies as are available before bringing suit, and describing limited circumstances in which administrative remedies are unavailable); Woodford v. Ngo, 548 U.S. 81, 90 (2006) (“Proper exhaustion demands compliance with an agency’s deadlines and other critical procedural rules[.]”). AFFIRMED. 2 24-5355