Curtis Merchant v. H. Lopez

FILED
NOT FOR PUBLICATION JAN 03 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CURTIS HARVEY MERCHANT, No. 11-55724
Plaintiff - Appellant, D.C. No. 3:09-cv-00856-WQH-
NLS
v.
H. LOPEZ, Correctional Food Manager II; MEMORANDUM *
et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
California state prisoner Curtis Harvey Merchant appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
retaliation in violation of the First Amendment. We have jurisdiction under 28
*
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).
U.S.C. §1291. We review de novo. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.
2004). We affirm.
The district court properly granted summary judgment because Merchant
failed to raise a genuine dispute of material fact as to whether defendants’ actions
did not reasonably advance a legitimate correctional goal in light of defendant
Weitzeil’s stated concern for her safety. See Pratt v. Rowland, 65 F.3d 802, 806
(9th Cir. 1995) (a prisoner plaintiff “bears the burden of pleading and proving the
absence of legitimate correctional goals for the conduct of which he complains”);
see also Karam v. City of Burbank, 352 F.3d 1188, 1194 (9th Cir. 2003)
(speculation as to defendant’s improper motive does not rise to the level of
evidence sufficient to raise a triable dispute of fact).
AFFIRMED.
2 11-55724