Anthony Burriola v. Nevada Department of Correctio

MEMORANDUM

Nevada state prisoner Anthony J. Burri-ola appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging retaliation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Brodheim v. Cry, 584 F.3d 1262, 1267 (9th Cir.2009), and we affirm.

The district court properly granted summary judgment on Burriola’s claim relating to the withholding of his replacement typewriter because Burriola failed to raise a genuine dispute of material fact as to whether the officials at Nevada State Prison knew of his protected activity, and took the adverse action against Burriola because of his protected conduct. See id. at 1269-71 (setting forth elements of a retaliation claim in the prison context, and noting that “a plaintiff must show that his protected conduct was the ‘substantial’ or ‘motivating’ factor behind the defendant’s conduct” (citation and internal quotation marks omitted)); Pratt v. Rowland, 65 F.3d 802, 808 (9th Cir.1995) (the relevant defendants must have knowledge of the plaintiffs protected activity).

The district court properly granted summary judgment on Burriola’s claim relating to his mail because Burriola failed to…