Warren

Clark v. Warren

Good Law
356 F. App'x 940
United States Court of Appeals for the Ninth CircuitDecember 14, 2009No. 06-17051California312 words

Opinion

Lead Opinion

MEMORANDUM **

Michael D. Clark, a state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging retaliation under the First Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003), and a dismissal for failure to state a claim, Douglas v. Noelle, 567 F.3d 1103, 1106 (9th Cir.2009). We review for an abuse of discretion the district court’s discovery rulings, Childress v. Darby Lumber, Inc., 357 F.3d 1000, 1009 (9th Cir.2004), denial of sanctions, Winterrowd v. Am. Gen. Annuity Ins. Co., 556 F.3d 815, 819 (9th Cir.2009), and refusal to appoint counsel, Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991).

We affirm the challenged rulings for the reasons stated by the district court. We affirm the denial of Rule 11 sanctions on other grounds. See Corales v. Bennett, 567 F.3d 554, 562 (9th Cir.2009) (“We may affirm on any grounds supported by the record.”) (citation and internal quotation marks omitted). The record reflects that Clark served the motion for sanctions on defendants at least twenty-one days before filing…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.