Ruben Garcia, Jr. v. Smith

MEMORANDUM

California state prisoner Ruben Dario Garcia, Jr., appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging retaliation and other claims. We have jurisdiction under 28 U.S.C. § 1291 . Ariz. State Carpenters Pension Trust Fund v. Miller, 938 F.2d 1038 , 1039-40 (9th Cir.1991) (Fed.R.Civ.P.54(b) authorizes entry of judgment as to an individual claim or party, within a mul-ti-claim or multi-party action, where the action as to an individual claim or party is finally determined). We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly granted summary judgment for defendants Merchant, Elias, and Savala on Garcia’s retaliation claims because Garcia failed to raise a genuine dispute of material fact as to whether these defendants took an adverse action against Garcia because of his protected conduct. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005) (elements of a retaliation claim in the prison context).

The district court properly granted summary judgment for defendants Merchant, Elias, and Savala on Garcia’s conspiracy claim because Garcia failed to raise a genuine…