Robert Mitchell v. C/o Gilbert

MEMORANDUM

Robert Mitchell, a Washington state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on the interference with mail and access to court claims because Mitchell failed to raise a genuine dispute of material fact as to whether defendants interfered with Mitchell’s communications with his attorney, or whether a restriction, other than mail that violated the stop contact order, was placed on his incoming or outgoing mail. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (party opposing summary judgment may not rest on conclusory allegations or mere assertions).

The district court properly granted summary judgment on Mitchell’s claim for restoration of and/or proper calculation of good time credit because resolution of the claim would necessarily implicate the length of Mitchell’s confinement. See Edwards v. Balisok, 520 U.S. 641, 645 , 117 S.Ct. 1584 , 137 L.Ed.2d 906 (1997)…