Karboau

Karboau v. Purnington

Good Law
137 F. App'x 18
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 04-35950California399 words

Opinion

Lead Opinion

MEMORANDUM **

Milaudi Karboau, an Oregon state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that he was discriminated against on account of his religious beliefs and denied access to the courts. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and we affirm.

The district court properly granted summary judgment to defendant Jeffrey Hunt (“Hunt”) on Karboau’s retaliation claim because Karboau failed to raise a genuine issue of material fact as to whether his placement in solitary confinement *20 and the disciplinary report issued against him were unrelated to legitimate penological interests. See Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir.1995).

The district court properly granted summary judgment to Hunt on Karboau’s claim that he was discriminated against on account of his Islamic faith because Karboau failed to raise a genuine issue of material fact as to whether the search of his bunk and the confiscation of his possessions, including his Koran, were unrelated to legitimate penological interests. See id.

The…

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