Opinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Decided June 21, 1988.
N.D.Cal.
AFFIRMED.
Appeal from the United States District Court for the Northern District of California; Thelton E. Henderson, District Judge, Presiding.
Before KILKENNY, CANBY and LEAVY, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3.
Abdush'Shaheed Gha'Is Madyun, a California state prisoner, appeals pro se the district court's grant of summary judgment in favor of Warden Daniel Vasquez in Madyun's 42 U.S.C. § 1983 action. Madyun alleges retaliatory acts by Vasquez and others in response to a previous Madyun lawsuit. Defendants moved for summary judgment, Fed.R.Civ.P. 56(b), and presented affidavits, declarations and other evidence to demonstrate that the acts were not done for purposes of retaliation or that they did not occur. Madyun's response failed to set forth specific, significant probative facts showing a genuine issue for trial. S.E.C. v. Murphy, 636 F.2d 633, 640 (9th Cir.1980); Deutsch Energy Co. v. Mazur, 813 F.2d 1567, 1569 (9th Cir.1987). Summary judgment was therefore appropriate.
AFFIRMED.