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32 F. App'x 383

Thames v. Gillette

U.S. Courts of Appeals

Decided March 20, 2002

U.S. Courts of Appeals · decided 2002-03-20

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Terrell v. Brewer · Pratt v. Rowland

Decided 2002-03-20

¶1MEMORANDUM

¶2Brian Franklin Thames, a California state prisoner, appeals pro se the district court’s summary judgment for prison officials in his 42 U.S.C. § 1983 action alleging he was retaliated against for exercising his First Amendment rights. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

¶3We review de novo a grant of summary judgment. Margolis v. Ryan, 140 F.Sd 850, 852 (9th Cir.1998).

¶4Thames contends that he was placed in administrative segregation and transferred to another prison because he threatened to file a grievance against his creative writing teacher. Because Thames failed to controvert defendants’ evidence that their actions served legitimate penological goals, the district court properly granted summary judgment for defendants. See Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir.1995).

¶5We grant Thames’s motion to lodge documents.

¶6We deny Thames’s motion for appointment of counsel because he has not shown “exceptional circumstances.” Terrell v. Brewer, 935 F.2d 1015,1017 (9th Cir.1991).

¶7AFFIRMED.

¶8 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

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