Opinion
No. 06-35263.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 26, 2007.
Fred Chisom, Shelton, WA, pro se.
Kimberly Frinell, Esq., Office of the Washington Attorney General, Criminal Justice Division, Olympia, WA, for Defendant-Appellee.
Appeal from the United States District Court for the Western District of Washington, Franklin D. Burgess, District Judge, Presiding. D.C. No. CV-04-05590-FDB.
Before: TROTT, W. FLETCHER, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Washington state prisoner Fred Chisom appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging defendant denied him access to prison showers and yard activity. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Buono v. Norton, 371 F.3d 543, 545 (9th Cir. 2004), and we may affirm on any ground supported by the record, Vestar Dev. II, LLC v. Gen. Dynamics Corp., 249 F.3d 958, 960 (9th Cir. 2001).
The district court properly granted summary judgment, because Chisom failed to present evidence that defendant "acted with an intent or purpose to discriminate against [him] based upon membership in a protected class." See Lee v. City of Los Angeles, 250 F.3d 668, 686 (9th Cir. 2001) (internal quotations omitted) (discussing Equal Protection claim requirements).
Chisom's remaining contentions are unpersuasive.
Chisom's July 18, 2006 motion objecting to appellees' brief is DENIED.