Snow

Snow v. Almeida

Good Law
320 F. App'x 808
United States Court of Appeals for the Ninth CircuitApril 2, 2009No. 05-17021California482 words

Opinion

Lead Opinion

MEMORANDUM **

Stephen F. Snow appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials retaliated against him for exercising his First Amendment rights and violated his constitutional right to access the courts. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo orders dismissing a prisoner’s complaint pursuant to 28 U.S.C. § 1915A, Ramirez v. Galaza, 334 F.3d 850, 853-54 (9th Cir.2003), dismissing for failure to state a claim upon which relief can be granted, Kildare v. Saenz, 325 F.3d 1078, 1085 (9th Cir.2003), and granting summary judgment, Ballen v. City of Redmond, 466 F.3d 736, 741 (9th Cir.2006). We review denial of a continuance to permit additional discovery under Rule 56(f) for an abuse of discretion. Nidds v. Schindler Elevator Corp., 113 F.3d 912, 920-21 (9th Cir.1996). We review the district court’s factual determination that a prisoner failed to exhaust administrative remedies for clear error, and its legal conclusions de novo. Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir.2003). We affirm.

The district court properly dismissed Snow’s access to courts claims because he failed to allege…

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