U.S. Court of Appeals for the Ninth Circuit, 2007

Callegari v. Cambra

Callegari v. Cambra
U.S. Court of Appeals for the Ninth Circuit · Decided March 1, 2007
223 F. App'x 681

Callegari v. Cambra

Opinion of the Court

MEMORANDUM **

Carl Lee Callegari, a California state prisoner, appeals pro se from the district court’s summary judgment in favor of Sandra McDonald, the librarian at Salinas Valley State Prison, in his 42 USC § 1983 action alleging retaliation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Buono v. Norton, 371 F.3d 543, 545 (9th Cir. 2004), and we affirm.

The district court properly granted summary judgment because Callegari failed to raise a genuine issue of material fact as to whether McDonald filed a rule violation report against him, or denied him access to the law library, based on a retaliatory motive, rather than for a legitimate penological goal. See Pratt v. Rowland, 65 F.3d 802, 807-09 (9th Cir. 1995).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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