Ricky Grundy v. Howard Skolnik

MEMORANDUM

Ricky Lee Grundy, a former Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that prison officials violated his First, Eighth and Fourteenth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Gibson v. County of Washoe, Nev., 290 F.3d 1175, 1180 (9th Cir.2002). Weafñrm.

The district court properly granted summary judgment because Grundy failed to present any evidence creating a genuine dispute of material fact as to whether defendants violated his constitutional rights. See Fed.R.Civ.P. 56 (setting forth the evi-dentiary support required in opposing a motion for summary judgment); Bias v. Moynihan, 508 F.3d 1212, 1219 (9th Cir. 2007) (affirming summary judgment where pro se non-moving party presented no evidence creating a genuine dispute of material fact).

The district court did not abuse its discretion in denying Grundy’s motions to file a second amended complaint because the court had already provided notice of the deficiencies and an opportunity to amend, and further amendment would unfairly prejudice the defendants. See Chodos v. West Publ'g Co., 292 F.3d 992,…