Cohen

Cohen v. Summervold

Good Law
276 F. App'x 642
United States Court of Appeals for the Ninth CircuitMay 1, 2008No. 06-17039California426 words

Opinion

Lead Opinion

MEMORANDUM **

Russell Cohen appeals pro se from the district court’s judgment dismissing with prejudice, pursuant to 28 U.S.C. § 1915 (e), his 42 U.S.C. § 1983 action alleging prison guards violated his constitutional rights. We have jurisdiction pursuant to 28 U.S.C. *643 § 1291 . We review for an abuse of discretion the district court’s dismissal with prejudice for failing to comply with a court order to amend the complaint. Yourish v. California Amplifier, 191 F.3d 983, 989 (9th Cir.1999). We reverse and remand.

Cohen’s pro se complaint alleged that defendants retaliated against him for filing grievances by refusing to provide him with forms and supplies, and by serving him with a notice of charges. The complaint further alleged that Cohen’s First Amendment rights were chilled because he feared that if he tried to submit grievances, Officer Summervold would continue to serve him with notices of charges. Liberally construed and taken as true, these allegations state a claim for retaliation. See Rhodes v. Robinson, 408 F.3d 559 , 563 n. 1, 567-68 (9th Cir.2005) (explaining that “a viable claim of First Amendment retaliation entails five basic elements: (l)[a]n assertion that a…

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