Nwozuzu

MEMORANDUM **

Amaeshi Nwozuzu appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that officials at High Desert State Prison (“HDSP”) harassed and retaliated against him in violation of the First, Eighth, and Fourteenth Amendments. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo questions of mootness. Di Giorgio v. Lee (In re Di Giorgio), 134 F.3d 971, 974 (9th Cir.1998). We affirm in part, vacate in part, and remand.

The district court properly granted summary judgment on Nwozuzu’s claims for injunctive relief against officials at HDSP because these claims were rendered moot when he was transferred to another prison. See Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir.2001) (explaining that “when a prisoner is moved from a prison, his action will usually become moot as to conditions at that particular facility”). The district court properly concluded that Nwozuzu’s case was not capable of repetition yet evading review because he failed to demonstrate a reasonable expectation of being transferred back to HDSP. See Johnson v. Moore, 948 F.2d 517, 519 (9th Cir.1991) (per curiam).

However, the district court should have…