U.S. Court of Appeals for the Ninth Circuit, 2011

Marvin Hollis v. Eloy Medina

Marvin Hollis v. Eloy Medina
U.S. Court of Appeals for the Ninth Circuit · Decided March 1, 2011

Marvin Hollis v. Eloy Medina

Opinion

FILED NOT FOR PUBLICATION MAR 01 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MARVIN G. HOLLIS, No. 09-16803 Plaintiff - Appellant, D.C. No. 3:07-cv-02980-TEH v. MEMORANDUM * ELOY MEDINA, Correctional Counselor II Appeals Coordinator, Defendant - Appellee.

MARVIN G. HOLLIS, No. 09-16987 Plaintiff - Appellant, D.C. No. 3:06-cv-02790-TEH v. DAVID CAPLAN, Correctional Sergeant, California Department of Corrections & Rehabilitation, Defendant - Appellee.

Appeals from the United States District Court for the Northern District of California Thelton E. Henderson, District Judge, Presiding * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

California state prisoner Marvin G. Hollis appeals pro se from the district court’s summary judgments in his 42 U.S.C. § 1983 actions alleging retaliation by prison officials. We review de novo. EEOC v. Luce, Forward, Hamilton & Scripps, 345 F.3d 742, 746 (9th Cir. 2003). We affirm.

The district court properly granted summary judgment to defendants because Hollis failed to raise a genuine issue of material fact as to whether their conduct was based on a retaliatory motive rather than a legitimate correctional goal. See Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir. 1995) (plaintiff must show allegedly retaliatory action did not advance legitimate correctional goals).

Hollis’s remaining contentions are unpersuasive.

We treat Hollis’s motions for judicial notice as citations of supplemental authorities pursuant to Fed. R. App. P. 28(j).

AFFIRMED.

** The panel unanimously concludes these cases are suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

2 09-16803

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