NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 12 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL JOHN GADDY, No. 19-15786

Plaintiff-Appellant, D.C. No. 4:16-cv-01319-HSG

v.

MEMORANDUM*

M. TOWNSEND, Appeals Coordinator; et

al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding

Submitted August 5, 2020**

Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges.

California state prisoner Michael John Gaddy 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. Toguchi v. Chung,

391 F.3d 1051, 1056 (9th Cir. 2004). We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court properly granted summary judgment because Gaddy failed

to raise a genuine dispute of material fact as to whether defendants took any

adverse action against him because of a grievance he filed to correct an erroneous

disciplinary record, which was in fact corrected. See Rhodes v. Robinson, 408 F.3d

559, 567-68 (9th Cir. 2005) (setting forth elements of a First Amendment

retaliation claim in the prison context).

AFFIRMED.

2 19-15786