Luis Gonzales v. Larry Blanton

MEMORANDUM

Luis Jimenez Gonzales appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his First and Eighth Amendment rights by confiscating his property and subjecting him to restrictive housing in retaliation for his grievance activity. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the grant of summary judgment, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004), and for an abuse of discretion a district court’s denial of leave to file an amended complaint, Chodos v. West Publ'g Co., 292 F.3d 992, 1003 (9th Cir.2002). We may affirm on any ground supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008), and we affirm.

Summary judgment on Gonzales’ First Amendment retaliation claim was proper because Gonzales failed to raise a genuine dispute of material fact as to whether defendants retaliated against him because of constitutionally protected grievance activity. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005) (First Amendment retaliation claims require plaintiff to show that an adverse action was taken against him because of his protected conduct and that…