McVay v. Lehman , 158 F. App'x 923 ( 2005 )

MEMORANDUM^**

Washington state prisoner Raymond Dale McVay appeals pro se from the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging that prison grievance counselors conspired to and did retaliate against him for filing prison grievances and a tort claim. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo both a district court’s dismissal for failure to state a claim and summary judgment. Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam). We affirm.

The district court properly granted summary judgment on MeVay’s retaliation claims because he failed to raise a genuine issue of material fact as to whether defendants filed a major infraction against him in response to his filing two grievances and a tort claim alleging that correctional officers broke his typewriter during a cell search. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.2005) (internal citations omitted).

The district court properly dismissed MeVay’s conspiracy claims because conelusory allegations are insufficient to state a section 1983 claim for relief. See Wood-rum v. Woodward County, 866 F.2d 1121, 1126 (9th Cir.1989).

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.