Knight
Knight v. Nimrod
Opinion
Lead Opinion
MEMORANDUM **
Clarence V. Knight, a California state prisoner housed at Pelican Bay State Prison, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging interference with his First Amendment right to petition the government for redress of grievances. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under 28 U.S.C. § 1915A, see Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we reverse and remand.
In his amended complaint, Knight alleged that appeals coordinator Nimrod returned the second grievance Knight filed against another correctional officer and required that Knight raise these additional issues in the proceedings to resolve his initial grievance. Knight further alleged that, when he tried to appeal Nimrod’s decision, Nimrod told him the decision not to file the grievance was unappealable. Finally, Knight alleged that he attempted to raise his second set of concerns during the appeal of his first grievance but that these concerns were not addressed in the decision.
Although prisoners do not have a “claim of entitlement to a grievance procedure,”…