Opinion
No. 14-15782
07-02-2015
KEITH R. BRIDGEWATER, Plaintiff - Appellant, v. SWEENY, LVN, Defendant - Appellee.
NOT FOR PUBLICATION
D.C. No. 2:11-cv-01216-TLN-CMK MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Keith R. Bridgewater, a California state prisoner, appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging retaliation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Brodheim v. Cry, 584 F.3d 1262, 1267 (9th Cir. 2009), and we affirm.
The district court properly granted summary judgment because Bridgewater failed to raise a genuine dispute of material fact as to whether defendant took an adverse action against Bridgewater in response to his protected conduct. See id. at 1269-71 (setting forth elements of a retaliation claim in the prison context, and noting that "a plaintiff must show that his protected conduct was the substantial or motivating factor behind the defendant's conduct" (citation and internal quotation marks omitted)).
We do not consider arguments raised for the first time on appeal or matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).
Defendant's motion to strike, filed on January 23, 2015, is denied.
AFFIRMED.