Lewis Harry, Jr. v. Arizona, State Of

MEMORANDUM

Arizona state prisoner Lewis A. Harry, Jr., appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging various constitutional violations and state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007) (dismissal under 28 U.S.C. § 1915A); Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001) (summary judgment). We affirm.

The district court properly granted summary judgment on Harry’s retaliation claim because Harry failed to raise a genuine dispute of material fact as to whether defendant Martinez transferred Harry in retaliation for his filing of grievances or whether the transfer advanced a legitimate correctional goal. See Rhodes v. Robinson, 408 F.3d 559 , 567-68 (9th Cir.2005) (explaining the elements of a retaliation claim under § 1983).

The district court properly dismissed Harry’s claims alleging deliberate indifference because Harry did not allege that defendants were deliberately indifferent to any serious medical need. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (to act with deliberate indifference, a prison…