HAMMLER v. OLIVEIRA (2021)

MEMORANDUM **

California state prisoner Allen Hammler appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging First Amendment retaliation claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Hammler's action because Hammler failed to allege facts sufficient to show that defendant Oliveira took an adverse action against Hammler because of his protected conduct. See Brodheim v. Cry, 584 F.3d 1262, 1269 (9th Cir. 2009) (elements of a First Amendment retaliation claim in the prison context).

AFFIRMED.