Knight

MEMORANDUM **

Clarence V. Knight, a California state prisoner, appeals pro se the district court’s *881 judgment, on remand from this Court, dismissing his 42 U.S.C. § 1983 action on qualified immunity grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s decision regarding qualified immunity in a section 1983 action. Elder v. Holloway, 510 U.S. 510, 516 , 114 S.Ct. 1019 , 127 L.Ed.2d 344 (1994). We affirm in part, reverse in part, and remand.

The district court properly determined that officer Nimrod had not violated a clearly established right with regard to Knight’s allegation that Nimrod had refused to file his second grievance against officer Heflick. See Saucier v. Katz, 533 U.S. 194 , 202, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). Nimrod’s instruction that Knight combine the grievances on one form in order to streamline grievance processing “was not so far-fetched that its illegality was necessarily obvious to a reasonable prison official.” See Sorrels v. McKee, 290 F.3d 965, 971 (9th Cir.2002).

The district court improperly granted Nimrod qualified immunity, however, with regard to Knight’s allegation that Nimrod refused to…