Gadsden

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 8 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RONALD EARL GADSDEN, No. 23-4038 D.C. No. Plaintiff - Appellee, 3:20-cv-02258-WQH-DEB v.

MEMORANDUM*

MICHAEL MCGRATH,

Defendant - Appellant,

and

JOHN GEHRIS,

Defendant.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Argued and Submitted September 12, 2024 Pasadena, California

Before: SCHROEDER, R. NELSON, and MILLER, Circuit Judges.

Prisoner Ronald Earl Gadsden brought this 42 U.S.C. § 1983 action,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. claiming that correctional officer Michael McGrath violated the First Amendment

by retaliating against Gadsden for requesting a grievance form. McGrath

maintained that he did not retaliate against Gadsen when he transferred Gadsden to

a different facility and cancelled his scheduled visitations. Rather, McGrath asserts

that he took those punitive…