Damon Earl Franklin v. JIM McDONNELL, Los Angeles County Sheriff;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAMON EARL FRANKLIN,
Plaintiff-Appellant,
v.
JIM McDONNELL, Los Angeles County
Sheriff; et al.,
Defendants-Appellees.
No. 19-55156
D.C. No. 2:16-cv-01192-CAS-AGR
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted October 15, 2019**
Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.
California state prisoner Damon Earl Franklin appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
deliberate indifference to his safety and negligence arising from his pretrial
detention. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
* 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 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 19-55156
Williams v. Paramo, 775 F.3d 1182, 1191 (9th Cir. 2015). We affirm.
The district court properly granted summary judgment because Franklin
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 Woodford v. Ngo, 548 U.S. 81, 90 (2006) (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); McBride v. Lopez, 807 F.3d 982, 986 (9th Cir. 2015) (to show that
a threat rendered the prison grievance system unavailable, a prisoner must show
that he subjectively believed prison officials would retaliate against him and that
his belief was objectively reasonable).
AFFIRMED.

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