Phelps

MEMORANDUM

California state prisoner Tony Asberry appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging violations of his right to equal protection under the Fourteenth Amendment in connection with his prison housing assignments. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, FDIC v. Henderson, 940 F.2d 465, 471 (9th Cir.1991), and we affirm.

The district court properly granted summary judgment because Asberry failed to raise a genuine dispute of material fact as to whether defendant intentionally discriminated against him on the basis of race. See Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (a § 1983 equal protection claim requires showing that the defendant “acted with an intent or purpose to discriminate against the plaintiff based upon membership in a protected class”); see also Cafasso, U.S. ex rel. v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1061 (9th Cir.2011) (“To survive summary judgment, a plaintiff must set forth non-speculative evidence of specific facts, not sweeping conclusory allegations.”).

We do not consider matters not specifically and distinctly raised and argued in the…