Sean Fisher v. Director of Cdc

MEMORANDUM

Sean C. Fisher, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations of his First and Fourteenth Amendment rights and negligence under state law. We have jurisdiction under 28 U.S.C. § 1291 as Fisher has voluntarily dismissed with prejudice his remaining claims. See Dannenberg v. Software Toolworks, Inc., 16 F.3d 1073, 1076-78 (9th Cir.1994) (a voluntary dismissal with prejudice precludes possibility of later pursuing the dismissed claims). We review de novo. Ramirez v. Galaza, 334 F.3d 850, 853 (9th Cir.2003). We affirm.

Consistent with our prior memorandum disposition, the district court considered Fisher’s claims that he had been denied access to the prison grievance system and retaliated against, and properly concluded that Fisher had failed to allege sufficient facts to state a First Amendment claim against all but two of the named defendants because the allegations in the complaint demonstrated that Fisher had availed himself of the grievance process on numerous occasions and his appeals were rejected on procedural bases. See id. at 860 (inmates lack a separate constitutional…