Pugh

Pugh v. Terhune

Good Law
58 F. App'x 351
United States Court of Appeals for the Ninth CircuitMarch 13, 2003No. 02-15426; D.C. No. CV-00-06882-RECCalifornia364 words

Opinion

Lead Opinion

MEMORANDUM **

Rowland Dewitt Pugh, a California state prisoner, appeals pro se the district court’s judgment dismissing for failure to state a claim under 28 U.S.C. § 1915A, his 42 U.S.C. § 1983 action alleging retaliation, a First Amendment violation, and denial of access to the courts. Pugh also appeals the district court’s order denying his motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissals pursuant to 28 U.S.C. § 1915A. See Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

Pugh’s first amended complaint alleged that a letter he sent to his brother through the prison mail system was returned by the United States Postal Service in retaliation for grievances Pugh had filed at an unspecified time. The district court properly dismissed this claim because Pugh failed to allege facts demonstrating a link between his grievances and the returned mail. See Pratt v. Rowland, 65 F.3d 802, 807 (9th Cir.1995) (holding that prisoner must establish link between exercise of constitutional rights and allegedly retaliatory action).

The district court properly dismissed Pugh’s claim that the prison interfered with his mail…

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