FRED LEON JACKSON, Jr. v. R. ROWLETT, Correctional Sgt.;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
IL/Research
08-15514
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRED LEON JACKSON, Jr.,
Plaintiff - Appellant,
v.
R. ROWLETT, Correctional Sgt.; et al.,
Defendants - Appellees.
No. 08-15514
D.C. No. 05-CV-02498-MCE
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Fred Leon Jackson, Jr., a California state prisoner, appeals pro se from the
district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action
alleging that defendants conspired to discipline him in retaliation for filing a
FILED
MAR 31 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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IL/Research
08-15514 2
grievance. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir. 2002). We may affirm on any
grounds supported by the record. ACLU of Nev. v. City of Las Vegas, 333 F.3d
1092, 1097 (9th Cir. 2003). We affirm.
The district court did not abuse its discretion by dismissing Jackson’s action
as against Correctional Sergeant Rowlett because Rowlett was not served before
his death and his estate was not served. See Puett v. Blandford, 912 F.2d 270, 273
(9th Cir. 1990) (setting forth standard of review).
The district court properly granted summary judgment on Jackson’s
retaliation claim because Jackson failed to raise a genuine issue of material fact as
to whether defendants were aware of Jackson’s grievance complaining of conduct
by Rowlett when they disciplined him. See Rhodes v. Robinson, 408 F.3d 559,
567-68 (9th Cir. 2005) (listing elements of a retaliation claim).
AFFIRMED.

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