No. 18-5560

Eric C. Beauchamp v. D. J. Doglietto, et al.

Lower Court: Ninth Circuit
Docketed: 2018-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-exhaustion administrative-remedies administrative-remedy anderson-v-liberty-lobby civil-rights due-process prison-litigation procedural-barriers ross-v-blake standing summary-judgment
Key Terms:
SocialSecurity DueProcess Punishment
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Ninth Circuit affirmation of the United States District Court grant of summary judgment to the Defendants for Plaintiffs failure to exhaust administrative remedies comports with this Court's ruling in Ross v. Blake

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW . 1. Whether the United States Court of Appeals for the Ninth Circuit affirmation of the United States District Court grant of summary judgment to the Defendants for Plaintiffs failure to exhaust administrative remedies comports with this Court’s ruling in Ross v. Blake 576 U.S.___——— (2016) in light of the very similar facts and issues present in this case raise which raise questions about whether, : given these principles, Petitioner Beauchamp in fact had an “available” administrative remedy to exhaust? , 2. Whether the appeals process in this case operated as a “dead end” and thus . rendered the administrative remedy, although officially on the books, incapable ~ . of use towards obtaining relief and exhaustion? ; 3. Whether the Petitioner’s good-faith efforts in obtaining proper exhaustion were thwarted by prison administrators through machination, misrepresentation and intimidation as clearly present in this case? | 4. Whether the briefs and other submissions filed in this case suggest the possibility that the aggrieved inmate lacked an available administrative remedy? : | | 5. Whether the District Court committed clear error in resolving disputed questions of material fact by either failing to consider all evidence properly put . before it which created the disputed genuine issues of material fact, and or : : failed to view all of the facts in the record in the light most favorable to the non; . i . moving party and rule, as a matter of law, based on those facts? (Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-250 (1986)). ;

Docket Entries

2018-10-09
Petition DENIED. Justice Breyer and Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-08-24
Waiver of right of respondent D. J. Doglietto, et al. to respond filed.
2018-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2018)

Attorneys

D. J. Doglietto, et al.
Kevin A. Voth — Respondent
Kevin A. Voth — Respondent
Eric C. Beauchamp
Eric C. Beauchamp — Petitioner
Eric C. Beauchamp — Petitioner