No. 18-6425

Michael Louis Beattie v. L. Romero, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-procedure administrative-remedies admissions civil-procedure civil-procedure-summary-judgment civil-procedure-summary-judgment-uncontroverted-fa exhaustion-of-remedies fact-admission moving-party non-moving-party prison-grievance prison-grievances procedural-default summary-judgment uncontroverted-facts
Latest Conference: 2018-11-30
Question Presented (from Petition)

When, during Summary Judgment proceedings, a non-moving party asserts a fact - or set of facts - and the moving party doesn't dispute the fact, is the fact asserted considered admitted? Put another way, is an uncontroverted fact deemed admitted?

Is a prison grievance "properly submitted" when, per the prison's own regulations, the prison official on duty at the time takes possession of the grievance for the purpose of mailing it to the final level of review?

When prison officials lose a properly submitted grievance, and, as a direct of that loss, the time for submitting the grievance expires, is the prisoner deemed to have exhausted all "available" remedies?

Question Presented (AI Summary)

When, during Summary Judgment proceedings, a non-moving party asserts a fact - or set of facts - and the moving party doesn't dispute the fact, is the fact asserted considered admitted? Put another way, is an uncontroverted fact deemed admitted?

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-31
Waiver of right of respondent L. Romero to respond filed.
2018-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2018)

Attorneys

L. Romero
Michelle Devorah IgraCalifornia Department of Justice - Office of the A, Respondent
Michael Louis Beattie
Michael Louis Beattie — Petitioner