Massey

Massey v. Cook

Good Law
111 F. App'x 930
United States Court of Appeals for the Ninth CircuitOctober 22, 2004No. 03-35901California333 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Jay Massey, a former Oregon state prisoner, appeals pro se the district court’s grant of summary judgment dismissing his 42 U.S.C. § 1983 action alleging prison officials violated his First, Eighth, and Fourteenth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. May v. Baldwin, 109 F.3d 557, 560-61 (9th Cir.1997). We affirm.

The district court properly granted summary judgment on Massey’s First Amendment claim because he failed to demonstrate any material issues of fact as to whether his access to the prison’s grievance system was unreasonably restricted *931 or whether prison officials retaliated against him for using that process. See Pratt v. Rowland, 65 F.3d 802, 806-07 (9th Cir.1995) (concluding that the record contained no evidence to establish the crucial link between the prisoner’s actions and the alleged retaliation); see also United States v. Shumway, 199 F.3d 1093, 1104 (9th Cir.1999) (finding that conclusory affidavits do not establish a genuine issue of material fact).

The district court properly granted summary judgment on Massey’s claim that prison officials’…

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