Madrid
Madrid v. Woodford
Opinion
Lead Opinion
MEMORANDUM **
John Anthony Madrid, a California state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that Correctional Officer Tabak retaliated against him by confiscating items of personal property during a cell search, and that N. Grannis, the Chief of Inmate Appeals for the California Department of Corrections, failed to resolve Madrid’s administrative appeal properly and denied him access to courts. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002), and we affirm.
The district court properly granted summary judgment on Madrid’s retaliation claim against Tabak because Madrid failed to “designate specific facts showing that there is a genuine issue for trial” as to whether Tabak acted with retaliatory motive. Celotex Corp. v. Catrett, 477 U.S. 317, 324 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); see also Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005) (holding that a prisoner alleging retaliation must show, inter alia, that a state actor took adverse action against him because of the prisoner’s protected conduct).