McQuillion

MEMORANDUM **

Plaintiff-petitioner Carl D. McQuillion appeals pro se a summary judgment on his *549 claims that Defendant-Appellees S. McKenzie, F. Mann, J. Dorough, E.A. Robbins, A.P. Kane, and A. Hogan violated his civil rights under 42 U.S.C. § 1983 . McQuillion alleges that he was the victim of unlawful harassment and retaliation due to his role as Executive Chairman of the Inmate Advisory Council (“IAC”) at the California Medical Facility (“CMF”) in Vacaville, California. The district court entered summary judgment sua sponte against all claims raised below, including claims of racial conspiracy under 42 U.S.C. §§ 1985 and 1986. McQuillion abandons the racial conspiracy claims on appeal.

This Court has jurisdiction to hear appeals from final judgments pursuant to 28 U.S.C. § 1291 . Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

I

We review the district court’s order granting summary judgment de novo. Clicks Billiards, Inc. v. Sixshooters, Inc., 251 F.3d 1252, 1257 (9th Cir.2001); Robi v. Reed, 173 F.3d 736, 739 (9th Cir.1999). A district court may grant an order of summary judgment sua sponte “when 1) no material…