Allan Morgal v. Edward Williams

MEMORANDUM

Arizona state prisoner Allan Kenneth Morgal appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Furnace v. Sullivan, 705 F.3d 1021, 1026 (9th Cir.2013) (summary judgment); Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011) (dismissal under 28 U.S.C. § 1915A). We may affirm on any basis supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm in part, reverse in part, and remand.

The district court properly dismissed Morgal’s First Amendment retaliation claims against Jacobs, Schroeder, and Williams, to the extent that they were based on his transfer to another prison, his removal from his job, and loss of good time credits, because Morgal failed to allege facts sufficient to show that these actions did not advance legitimate penological interests. See Brodheim v. Cry, 584 F.3d 1262, 1269 (9th Cir.2009) (setting forth elements of a retaliation claim in the prison context); see also Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir.2010) (although pro se pleadings are to be…