Smith v. Cook
Opinion of the Court
MEMORANDUM
Arlen Porter Smith, an Oregon state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging defendants used prison disciplinary procedures to retaliate against him and obstruct his access to courts. We have jurisdiction under 28 U.S.C. § 1291. We review a grant of summary judgment de novo, and we may affirm on any grounds supported by the record. Enlow v. Salem-Keizer Yellow Cab Co., 389 F.3d 802, 811 (9th Cir. 2004). We affirm.
The district court properly granted summary judgment on Smith’s retaliation claim because he did not raise a genuine issue of material fact as to the legitimate
The district court did not abuse its discretion in denying further discovery as Smith did not show how further discovery would have precluded summary judgment. See Byrd v. Guess, 137 F.3d 1126, 1135 (9th Cir. 1998).
Smith’s remaining contentions lack merit.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Arlen Porter SMITH, Plaintiff—Appellant v. David L. COOK, Defendants—Appellees
- Status
- Published