Daniel Masterson v. Silvia Huerta-Garcia

MEMORANDUM

California state prisoner Daniel J. Masterson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s summary judgment. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004). We review for an abuse of discretion a district court’s decision to dismiss duplicative claims. Adams v. Cal. Dep’t of Health Servs., 487 F.3d 684 , 688 (9th Cir.2007). We affirm.

The district court did not abuse its discretion by dismissing Masterson’s due process, retaliation, and conspiracy claims that were duplicative of his claims in his other pending action. See id.

The district court properly granted summary judgment on Masterson’s remaining retaliation claims because Masterson failed to raise a genuine dispute of material fact as to whether prison officials’ allegedly retaliatory actions served legitimate correctional goals. See Brodheim v. Cry, 584 F.3d 1262, 1269 (9th Cir.2009) (setting forth the elements of a retaliation claim).

The district court properly granted summary judgment on Masterson’s Eighth Amendment claim because Masterson…