Eleazar Villegas v. Charles D. Marshall

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eleazar VILLEGAS, Plaintiff-Appellant, v. Charles D. MARSHALL, Defendant-Appellee. No. 93-17087. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided June 20, 1994. 1 Before: WALLACE, Chief Judge, CANBY, Circuit Judge, and KELLEHER, ** District Judge. MEMORANDUM 2 Villegas appeals from the summary judgment entered in his 42 U.S.C. Sec. 1983 action in favor of Johnson, Jourdan, and Linfor (prison officials), all employees of the California Department of Corrections at the Pelican Bay State Prison. The district court had jurisdiction pursuant to 28 U.S.C. Sec. 1331 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 Villegas argues that the district court should have accepted his retaliation claim. Dismissal is reviewed for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). Villegas was given two opportunities to link the…