Patterson

Bruce Phillippi, II v. Patterson

Good Law
599 F. App'x 288
United States Court of Appeals for the Ninth CircuitMarch 19, 201514-16584California388 words

Opinion

Opinion

MEMORANDUM

Bruce Phillippi, II, aka Robert M. Ray, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging retaliation and violation of his right of access to the courts. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We affirm.

The district court properly dismissed Phillippi’s First Amendment retaliation claims because Phillippi failed to allege facts showing that defendants improperly denied, rejected, and/or cancelled his grievances because of his protected conduct. See Watison v. Carter, 668 F.3d 1108, 1114 (9th Cir.2012) (elements of a retaliation claim in the prison context); Pratt v. Rowland, 65 F.3d 802, 808 (9th Cir.1995) (the timing of adverse actions alone is insufficient to establish retaliatory intent); see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (though pro se pleadings are to be liberally construed, a plaintiff must present factual allegations sufficient to…

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