Robert Mitchell v. Rodney Askelson , 411 F. App'x 119 ( 2011 )

FILED
NOT FOR PUBLICATION JAN 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERT MITCHELL, No. 09-35877
Plaintiff - Appellant, D.C. No. 2:08-cv-00980-MJP
v.
MEMORANDUM *
CHRIS GLENN; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Western District of Washington
Marsha J. Pechman, District Judge, Presiding
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Washington state prisoner Robert Mitchell appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging numerous
constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. See Cato
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
v. Fresno City, 220 F.3d 1073, 1074-75 (9th Cir. 2000) (per curiam). We review
de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm.
The district court properly granted summary judgment for defendants
because Mitchell failed to present evidence creating a genuine issue of material
fact as to any of his claims. See Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio
Corp., 475 U.S. 574, 587 (1986) (“Where the record taken as a whole could not
lead a rational trier of fact to find for the non-moving party, there is no genuine
issue for trial.”); see also Lewis v. Casey, 518 U.S. 343, 351 (1996) (prisoner must
show that he or she suffered actual injury in order to establish a violation of the
right of access to the courts); Farmer v. Brennan, 511 U.S. 825, 834 (1994) (to
violate the Eighth Amendment “a prison official’s act or omission must result in
the denial of the minimal civilized measure of life’s necessities”) (internal
quotation marks and citation omitted); Hudson v. McMillian, 503 U.S. 1, 6-7
(1992) (core judicial inquiry in excessive force claim is whether force was
malicious and sadistic or a good-faith disciplinary effort); Arnold v. Int’l Bus.
Machs. Corp., 637 F.2d 1350, 1355 (9th Cir. 1981) (section 1983 plaintiff must
link each named defendant with some unconstitutional act or omission).
Mitchell’s remaining contentions are unpersuasive.
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Mitchell’s motions to appoint counsel and to join a district court case are
denied.
AFFIRMED.
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