U.S. Court of Appeals for the Ninth Circuit, 2012

George Shufelt, III v. Linda Davis

George Shufelt, III v. Linda Davis
U.S. Court of Appeals for the Ninth Circuit · Decided October 17, 2012 · Rawlinson, Murguia, Watford
486 F. App'x 649

George Shufelt, III v. Linda Davis

Opinion

MEMORANDUM **

California state prisoner George W. Shufelt, III, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging access-to-courts and retaliation claims. We review de novo, Brodheim v. Cry, 584 F.3d 1262, 1267 (9th Cir. 2009), and we affirm.

The district court properly granted summary judgment on Shufelt’s access-to-courts claims because Shufelt failed to raise a genuine dispute of material fact as to whether he suffered actual injury as a result of prison officials’ alleged conduct. See Lewis v. Casey, 518 U.S. 343, 348-49, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (access-to-courts claim requires actual prejudice to contemplated or existing litigation, such as inability to meet a filing deadline or to present a claim); Alvarez v. Hill, 518 F.3d 1152, 1155 n. 1 (9th Cir. 2008) (an inmate’s failure to show that a nonfrivolous legal claim has been frustrated is fatal to his access-to-courts claim).

The district court properly granted summary judgment on Shufelt’s retaliation claims because Shufelt failed to raise a genuine dispute of material fact as to whether prison officials’ alleged actions served legitimate penological goals or whether those actions would have chilled an inmate of ordinary firmness. See Brodheim, 584 F.3d at 1269 (setting forth the elements of a retaliation claim); Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir. 1995) (plaintiff must show that allegedly retaliatory action did not advance legitimate correctional goals).

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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