Facts

On May 24, 2017, Robert Ulloa was shot by prison guards during a prison riot at Pelican Bay State Prison, where plaintiff was housed. He filed a civil rights lawsuit against various prison personnel in response.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's shot him without necessity because he posed no imminent threat. Plaintiff contended that his bullet wound was then left unattended, further compounding his pain and injury. Plaintiff contended that he exhausted administrative appeals.

DEFENDANT'S CONTENTIONS: Defendants' contended that plaintiff did not exhaust administrative remedies. Defendants' contended that plaintiff waived his claim by failing to file his second and third administrative appeals before the 30-day deadline. Defendants' contended that plaintiff had ample education and time to study the administrative appeals process at the Pelican Bay law library.

Result

The court granted defendants' summary judgment motion. Plaintiff failed to exhaust administrative appeals.