Cca

Blaisdell v. Corrections Corp. of America

Good Law
426 F. App'x 550
United States Court of Appeals for the Ninth CircuitApril 12, 201109-17795California664 words

Opinion

Opinion

MEMORANDUM

Inmate Richard Blaisdell filed this pro se appeal after a jury rejected his civil rights claim alleging the prison’s policy regulating receipt of “gift publications” violated his First Amendment rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Blaisdell contends the district court erred by dismissing all but one claim in his complaint. The Prison Litigation Reform Act, 42 U.S.C. § 1997e(c)(l), requires, however, dismissal of allegations that fail to state a claim upon which relief can be granted. See, e.g., O’Neal v. Price, 531 F.3d 1146, 1153 (9th Cir.2008). Here, Blaisdell’s allegations are conclusory and lack an adequate factual basis to state a claim. Accordingly, the claims were properly dismissed. See Caviness v. Horizon Comm. Learning Ctr., 590 F.3d 806, 812 (9th Cir.2010) (noting conclusory allegations and unwarranted inferences in a civil rights action are insufficient to avoid dismissal for failure to state a claim).

II.

Blaisdell argues the district court erred by excluding evidence that the prison twice changed its policy regarding gift publications. We disagree. The prison initially amended its policy and offered to settle.…

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