Philip Lyons v. A. Dicus

MEMORANDUM

Phillip Jackson Lyons (“Lyons”), a former Nevada state prisoner, appeals pro se from the dismissal with prejudice of his 42 U.S.C. § 1983 action raising First and Eighth Amendment violations by employees of the Southern Desert Correctional Center (“SDCC”), Correctional Officer A. Dicus, Warden Brian Williams, Sr., and Nevada Department of Corrections Director James G. Cox.

We review the dismissal de novo, Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012), and refusal of leave to amend for abuse of discretion, Ramirez v. Galaza, 334 F.3d 850, 861 (9th Cir. 2003); Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000); Doe v. United States, 58 F.3d 494, 497 (9th Cir. 1995). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand so that Lyons may be afforded leave to amend his initial complaint.

Lyons’ principal allegation is that Dicus chilled his right to file grievances and endangered his health and safety by referring to prison grievance forms as “snitch kites” within earshot of other prisoners. Lyons and a fellow inmate requested grievance forms when Dicus refused to release them to the prison library to retrieve their legal mail at their…