Norman E. Tedder v. Edward Odel, Cpl., James Scott McAlister

Plain tiff-appellant Norman E. Tedder (Tedder) appeals pro se from the district court’s grant of summary judgment in favor of defendants Edward Odel (Odel) and James S. McAlister (McAlister). Tedder brought an action under 42 U.S.C. § 1983 and § 1985(3) alleging that McAlister, an assistant attorney general for the state of Oregon, told Odel, an officer at the Oregon State Penitentiary, not to honor a subpoena to testify in a civil rights case Tedder had filed against another prison guard. The district court held that because the subpoena was invalid, McAlister’s advice and Odel’s failure to appear as a witness cannot be the basis for any liability. We affirm.

We review the district court’s entry of summary judgment de novo. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989). Our review is governed by the same standard used by the trial court under Federal Rule of Civil Procedure 56(c). Barring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986). Viewing the evidence in the light most favorable to the nonmoving party, we must determine whether there are any genuine issues of material fact and whether the district court correctly applied the relevant…