Dwight Belton v. Randy Grounds

MEMORANDUM

Former California state prisoner Dwight Clayton Belton appeals pro se from the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action alleging equal protection violations arising from an allegedly racially discriminatory canteen incident. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Ford v. City of Yakima, 706 F.3d 1188, 1192 (9th Cir.2013), and we affirm.

The district court properly granted summary judgment because Belton failed to raise a genuine issue of material fact as to whether defendants acted with an intent or purpose to discriminate against him on the basis of his race. See Furnace v. Sullivan, 705 F.3d 1021, 1030 (9th Cir.2013) (“To state a claim under 42 U.S.C. § 1983 for a violation of the Equal Protection Clause of the Fourteenth Amendment a plaintiff must show that the defendants acted with an intent or purpose to discriminate against the plaintiff based upon membership in a protected class.” (citation and internal quotation marks omitted)).

The district court did not abuse its discretion in denying Belton’s motion for appointment of counsel because Belton failed to demonstrate exceptional circumstances. See Palmer…