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Coleman v. Maldonado

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 10, 2014
No. 13-16058 (9th Cir. Mar. 10, 2014)

Opinion

No. 13-16058 D.C. No. 1:09-cv-00224-DLB

03-10-2014

ROBERT E. COLEMAN, Plaintiff - Appellant, v. P. MALDONADO; et al., Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Eastern District of California

Dennis L. Beck, Magistrate Judge, Presiding

Coleman consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).


Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.

California state prisoner Robert E. Coleman appeals pro se from the district court's judgement dismissing his 42 U.S.C. § 1983 action alleging retaliation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Fed. R. Civ. P. 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We may affirm on any basis supported by the record, Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir. 2008), and we affirm.

Dismissal of Coleman's action was proper because Coleman failed to allege facts in his fifth amended complaint sufficient to show retaliatory intent or to link defendants to the alleged adverse action. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (to survive a motion to dismiss, a plaintiff must allege facts that "allow [] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged"); Brodheim v. Cry, 584 F.3d 1262, 1269 (9th Cir. 2009) (elements of retaliation in the prison context); Pratt v. Rowland, 65 F.3d 802, 808 (9th Cir. 1995) (the timing of adverse actions alone is insufficient to establish retaliatory motive); see also Preschooler II v. Clark Cnty. Sch. Bd. of Trs., 479 F.3d 1175, 1183 (9th Cir. 2007) (discussing § 1983's causation requirement).

The district court did not abuse its discretion by denying Coleman's motion for reconsideration because Coleman failed to establish grounds for such relief. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth the standard of review and grounds for reconsideration).

We reject Coleman's contention that the district court improperly granted the motion to dismiss because it had concluded in a prior screening order that Coleman stated a retaliation claim.

AFFIRMED.


Summaries of

Coleman v. Maldonado

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 10, 2014
No. 13-16058 (9th Cir. Mar. 10, 2014)
Case details for

Coleman v. Maldonado

Case Details

Full title:ROBERT E. COLEMAN, Plaintiff - Appellant, v. P. MALDONADO; et al.…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 10, 2014

Citations

No. 13-16058 (9th Cir. Mar. 10, 2014)