James Anthony Avina v. J. Zolezzi

12 F.3d 1105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Anthony AVINA, Plaintiff-Appellant, v. J. ZOLEZZI, Defendant-Appellee. No. 93-55602. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 3, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 James A. Avina, a California state prisoner, appeals pro se the district court's grant of summary judgement in favor of Jenina Zolezzi, a medical technical assistant employed by the California Department of Corrections, in his 42 U.S.C. Sec. 1983 action. Avina contends that the district court erred in holding that he was not retaliated against for exercising his First Amendment rights. We have jurisdiction under 28 U.S.C. Sec. 1291 and review de novo. Smolen v. Deloitte, Haskins & Sells, 921 F.2d 959, 963 (9th Cir.1990). We affirm. 3 Summary judgment is appropriate if the evidence, read in the light most favorable to the nonmoving party,…