Tuzon

MEMORANDUM **

Arizona state prisoner Robert V. Tuzon appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging correctional officer Miller acted with deliberate indifference, violated his right to access courts and his right to due process, and retaliated against him for his prior federal litigation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Tuzon’s access to courts claims because he failed to show that he suffered any actual injury to his ability to litigate a habeas or section 1983 action as a result of interference with his prison mail. See Lewis v. Casey, 518 U.S. 343, 354-55 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (prisoners asserting access to courts claims must show actual injury to their ability to challenge their sentences or conditions of confinement).

The district court also properly granted summary judgment on Tuzon’s retaliation claim because he failed raise a triable issue *587 as to whether his disciplinary conviction lacked a legitimate penological basis. See Barnett v.…