Cook
Smith v. Cook
Opinion
Lead Opinion
MEMORANDUM **
Arlen Porter Smith, an Oregon state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging defendants used prison disciplinary procedures to retaliate against him and obstruct his access to courts. We have jurisdiction under 28 U.S.C. § 1291 . We review a grant of summary judgment de novo, and we may affirm on any grounds supported by the record. Enlow v. Salem-Keizer Yellow Cab Co., 389 F.3d 802, 811 (9th Cir.2004). We affirm.
The district court properly granted summary judgment on Smith’s retaliation claim because he did not raise a genuine issue of material fact as to the legitimate *6 penological grounds for his transfer or the seizure of legal documents. See Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam) (retaliation claim requires prisoner to show that action does not further any legitimate penological goal); see also Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 888 , 110 S.Ct. 3177 , 111 L.Ed.2d 695 (1990) (conclusory allegations of an affidavit insufficient to establish triable issue). Summary judgment was also proper with regard to Smith’s access to courts claim because he…