Alvaro Quezada v. A. Herrera

MEMORANDUM

California state prisoner Alvaro Quezada appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants retaliated and conspired against him. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007). We affirm.

The district court properly dismissed Quezada’s retaliation claims because Que-zada failed to allege facts showing that defendants acted with retaliatory intent, and that their actions did not advance a legitimate correctional purpose. See Rhodes v. Robinson, 408 F.3d 559 , 567-68 (9th Cir.2005) (setting forth the elements of a retaliation claim under § 1983).

The district court properly dismissed Quezada’s conspiracy claims because Que-zada failed to allege facts showing that defendants agreed to violate his constitutional rights. See Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action’” is insufficient to survive a motion to dismiss, (citation omitted)); Crowe v. County…