Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Janis v. Holder
Citation: 334 F. App'x 113Docket: No. 06-56128
Court: Court of Appeals for the Ninth Circuit; October 13, 2009; Federal Appellate Court
Gust Marion Janis, a federal prisoner, appeals the district court’s judgment in a Bivens action. The Ninth Circuit has jurisdiction under 28 U.S.C. § 1291 and reviews the case de novo. The court affirms the district court’s decision, clarifying that the exhaustion requirement in 42 U.S.C. § 1997e(a) is applicable since Janis's action was filed in 2001, post-enactment of the Prison Litigation Reform Act. Janis's claim that the defendants' summary judgment motion lacked supporting affidavits and evidence is rejected, as the record contradicts this assertion. Additional arguments concerning summary judgment, exhaustion of remedies, and the statute of limitations are deemed unpersuasive, primarily consisting of conclusory statements without legal support. The court emphasizes that it only considers issues specifically raised in the opening brief and will not create arguments for the appellant. Janis’s request for judicial notice of documents already in the record is denied. The judgment is affirmed, and the disposition is not designated for publication or precedent under Ninth Circuit Rule 36-3.