Knight

Knight v. Prudhomme

Good Law
308 F. App'x 112
United States Court of Appeals for the Ninth CircuitJanuary 13, 2009No. 06-15484California462 words

Opinion

Lead Opinion

MEMORANDUM **

Clarence V. Knight, a California state prisoner, appeals pro se from the district court’s judgment, following a jury trial, in his 42 U.S.C. § 1983 action claiming that defendants transferred him to another prison in retaliation for filing grievances. We have jurisdiction under 28 U.S.C. § 1291 . We review the jury verdict for substantial evidence; the credibility of witnesses is an issue for the jury and is generally not subject to appellate review. Three Boys Music Corp. v. Bolton, 212 F.3d 477, 482 (9th Cir.2000). We affirm.

Contrary to Knight’s contentions, substantial evidence supports the jury’s verdict. The jury was presented with testimony that the prison transfer was non-retaliatory, and although Knight offered evidenee to the contrary, we “must disregard evidence favorable to [him] that the jury is not required to believe.” Pavao v. Pagay, 307 F.3d 915, 918 (9th Cir.2002).

We are not persuaded by Knight’s contention that the trial judge was biased against him. See Price v. Kramer, 200 F.3d 1237, 1252 (9th Cir.2000) (“A judge’s participation during trial warrants reversal only if the record shows actual bias or leaves an abiding impression that the jury…

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