Kenneth Packnett v. R. Wingo
Opinion
Opinion
MEMORANDUM
California state prisoner Kenneth Jerome Packnett appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims related to his incoming legal mail. We have jurisdiction under 28 U.SC. § 1291. We review de novo, Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005), and may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm in part, reverse in part, and remand.
Dismissal of Packnett’s claims for damages against state officials in their official capacity was proper under the Eleventh Amendment. See Flint v. Dennison, 488 F.3d 816, 824-25 (9th Cir.2007).
The district court properly dismissed Packnett’s conspiracy claim against defendants in their individual capacity because Packnett failed to allege that they entered into an agreement to interfere with his legal mail. See Ivey v. Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir.1982) (vague and conclusory allegations of official participation in civil rights violations are not sufficient to withstand dismissal).