NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 29 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALLEN HAMMLER, No. 20-15774
Plaintiff-Appellant, D.C. No. 1:19-cv-00497-DAD-SAB
v.
MEMORANDUM*
SCOTT KERNAN, Secretary of CDCR; M.
SIMAS, Correctional Officer,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted June 21, 2021**
Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.
California state prisoner Allen Hammler appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various
constitutional violations. 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.
*
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).
Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.
The district court properly dismissed Hammler’s First Amendment claim
because Hammler failed to allege facts sufficient to show that defendants took an
adverse action against him 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).
The district court did not abuse its discretion in denying Hammler’s motion
for reconsideration because Hammler failed to establish any basis for relief. See
Sch. Dist. No. 1J Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63
(9th Cir. 1993) (setting forth standard of review and grounds for reconsideration
under Federal Rule of Civil Procedure 59(e)).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 20-15774
Allen Hammler v. Scott Kernan
Combined Opinion