Daniel Dixon v. S. Larosa

FILED
NOT FOR PUBLICATION AUG 04 2016

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL STEVE DIXON, No. 15-15812

Plaintiff-Appellant, D.C. No. 2:10-cv-01441-TLN-
KJN
v.
MEMORANDUM*
S. LAROSA, Correctional Officer; et al.,

Defendants-Appellees.

Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding

Submitted July 26, 2016**

Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.

California state prisoner Daniel Steve Dixon appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action arising out of an

allegedly retaliatory cell search. We have jurisdiction under 28 U.S.C. § 1291.

We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
we affirm.

The district court properly granted summary judgment on Dixon’s retaliation

claim against defendant LaRosa because Dixon failed to raise a genuine dispute of

material fact as to whether LaRosa was aware of any protected activity when he

searched Dixon’s cell. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir.

2005) (setting forth elements of a retaliation claim in the prison context).

To the extent that Dixon intended to challenge the dismissal of his retaliation

claim against defendant Keenan, we do not consider this issue because it was 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).

AFFIRMED.

2 15-15812