Ramori Rogers, Sr. v. Gallion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 15 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RAMORI VAUGHN ROGERS, Sr., No. 22-15939 Plaintiff-Appellant, D.C. No. 4:21-cv-00206-JAS v. MEMORANDUM* GALLION, Unknown; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Arizona James Alan Soto, District Judge, Presiding Submitted December 12, 2023** Before: WALLACE, LEE, and BUMATAY, Circuit Judges. Federal prisoner Ramori Vaughn Rogers, Sr., appeals pro se from the district court’s summary judgment for failure to exhaust administrative remedies in his action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging constitutional claims. We have * 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). 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 Rogers failed to exhaust his administrative remedies and failed to raise a genuine dispute of material fact as to whether administrative remedies were effectively unavailable. See id. at 1172 (setting forth exhaustion framework under the Prison Litigation Reform Act (“PLRA”)); see also Ross v. Blake, 578 U.S. 632, 643-44 (2016) (describing limited circumstances in which administrative remedies are unavailable); Porter v. Nussle, 534 U.S. 516, 524 (2002) (requiring PLRA exhaustion for federal prisoners’ Bivens actions). We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). All pending motions and requests are denied. AFFIRMED. 2 22-15939