Ellis

Ellis v. Wilson

Good Law
171 F. App'x 74
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 05-15686California302 words

Opinion

Lead Opinion

MEMORANDUM **

In this 42 U.S.C. § 1983 action, California state prisoner Nathan Jerome Ellis appeals pro se from the district court’s order granting summary judgment in favor of defendants Gregory Wilson, Eileen Villalva, and Chris Holm on his claims of retaliation, malicious prosecution, and conspiracy, and from its order dismissing his substantive due process claim pursuant to 28 U.S.C. § 1915 (e)(2)(B)(ii). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo both a grant of summary judgment, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and a section 1915(e)(2) dismissal, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly granted summary judgment on Ellis’s retaliation claim because he failed to raise a genuine issue of material fact as to whether his involvement in litigation-related activities was a substantial or motivating cause behind Wilson’s decision to move another inmate into Ellis’s cell. See Pratt v. Rowland, 65 F.3d 802, 808 (9th Cir.1995).

The district court also properly dismissed Ellis’s malicious prosecution, conspiracy, and substantive due process claims because they…

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