Alvin Howard Canell v. Oregon Department of Corrections, B.E. Heath, and Debra Fox

972 F.2d 1337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alvin Howard CANELL, Plaintiff-Appellant, v. OREGON DEPARTMENT OF CORRECTIONS, B.E. Heath, and Debra Fox, Defendants-Appellees. No. 91-35692. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1992. * Decided July 23, 1992. Before TANG, FERGUSON and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Alvin Canell appeals the district court's summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action alleging that the defendants conspired to retaliate against him for exercising his constitutional rights to freedom of expression and access to the courts. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district court's grant of summary judgment. Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989). Summary judgment is appropriate if the evidence "show[s] that there is no genuine issue as to any material fact and that the moving party is…