Phillip Lyons v. Howard Skolnik

MEMORANDUM

Nevada state prisoner Phillip Jackson Lyons appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various 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), and for an abuse of discretion the district court’s dismissal for failure to comply with court orders, Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and denial of leave to amend, Chodos v. West Publ'g Co., 292 F.3d 992, 1003 (9th Cir.2002). We affirm in part, reverse in part, and remand.

The district court properly granted summary judgment on Lyons’s constitutional claims related to the denial of extra toilet paper because Lyons failed to raise a genuine dispute of material fact as to whether the prison’s policy of providing inmates with only one roll of toilet paper a week, and requiring inmates to purchase extra toilet paper should they wish to exceed this allotment, amounted to the denial of the “minimal civilized measure of life’s necessities.” Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811…