White v. Lee, 030413 FED9, 08-17251

Docket Nº:08-17251
Party Name:WALTER HOWARD WHITE, Plaintiff - Appellant, v. CHARLES LEE, Health Care Manager, Salinas Valley State Prison; DONALD C. POMPAN, Orthopedic Surgeon, Salinas Valley State Prison; ANDREW STAN WONG, M.D., Physician, Salinas Valley State Prison; WILLIAM MCGUINNESS, Health Care Manager, CA State Prison, Corcoran; JEANNE S. WOODFORD, Director CA Dept. of
Judge Panel:Before: FARRIS and BYBEE, Circuit Judges, and ADELMAN, District Judge.
Case Date:March 04, 2013
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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WALTER HOWARD WHITE, Plaintiff - Appellant,

v.

CHARLES LEE, Health Care Manager, Salinas Valley State Prison; DONALD C. POMPAN, Orthopedic Surgeon, Salinas Valley State Prison; ANDREW STAN WONG, M.D., Physician, Salinas Valley State Prison; WILLIAM MCGUINNESS, Health Care Manager, CA State Prison, Corcoran; JEANNE S. WOODFORD, Director CA Dept. of Corrections and Rehabilitation; MARC SAFRAN, Orthopedic Surgeon, UCSF Medical Center, Defendants-Appellees.

No. 08-17251

United States Court of Appeals, Ninth Circuit

March 4, 2013

NOT FOR PUBLICATION

Argued and Submitted January 16, 2013 San Francisco, California

Appeal from the United States District Court for the Northern District of California Vaughn R. Walker, District Judge, Presiding D.C. No. 3:07-cv-00638-VRW

Before: FARRIS and BYBEE, Circuit Judges, and ADELMAN, District Judge. [*]

MEMORANDUM [**]

Walter White, an inmate at the California-run Salinas Valley State Prison, has suffered from knee pain due, in part, to a Baker's cyst in his right knee. White brought a § 1983 suit against four of his treating physicians, Drs. Pompan, Lee, Wong, and Safran. The district court dismissed White's suit as to claims brought against Drs. Pompan and Lee on the grounds that he did not exhaust his administrative remedies, and granted Drs. Wong and Safran's motion for summary judgment on White's claims against them. We affirm the judgment of the district court.

White failed to exhaust his administrative remedies with regards to Drs. Pompan and Lee, and therefore cannot initiate a federal civil rights action against these defendants under the Prison Litigation Reform Act (PLRA). 42 U.S.C. § 1997e(a); Woodford v. Ngo, 548 U.S. 81, 83–85 (2006). White's prison appeal was submitted before the complained-of actions by these physicians occurred, and failed to reference what decisions or actions by Drs. Pompan or Lee adversely impacted White; see Cal. Code Regs. tit. 15, § 3084.1 (asserting that "identified grievances" are exhausted only when "included in the originally submitted . . . Form"). The district court's dismissal of White's claims against Drs. Pompan and Lee was thus proper.

White has also not shown that there is a genuine dispute of material fact as to his claims against Drs. Wong and Safran, and therefore the district court appropriately granted these defendants' motion for summary judgment. First...

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