Cook

Smith v. Cook

Good Law
156 F. App'x 5
United States Court of Appeals for the Ninth CircuitNovember 16, 2005No. 04-35249; D.C. No. CV-00-01533-AJB/DJHCalifornia319 words

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…

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