Eric Martin v. Dave Winett

MEMORANDUM

Eric Patrick Martin, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his placement and retention in administrative segregation and the secured housing unit. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and its summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm in part, reverse in part, and remand.

The district court properly granted summary judgment on Martin’s denial of access to the courts claim because Martin failed to raise a genuine issue of material fact as to whether defendants Aguirre and Huerta frustrated or impeded a non-frivolous legal claim. See Lewis v. Casey, 518 U.S. 343, 351-53 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996).

The district court properly granted summary judgment for defendant Gracey on Martin’s Eighth Amendment claim because Martin failed to raise a genuine issue of material fact as to whether Gracey was aware of an excessive risk to Martin’s health due to the lack of…