44 F. App'x 859

Ronald FLOURNOY, Plaintiff-Appellant, v. L. CREAMER; et al., Defendants-Appellees.

No. 02-15101.

D.C. No. CV-01-01268-LKK(DAD).

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 12, 2002.*

Decided Aug. 19, 2002.

Before SCHROEDER, Chief Judge, TASHIMA, and RAWLINSON, Circuit Judges.

MEMORANDUM *

Ronald Flournoy, a California state prisoner, appeals pro se the district court’s judgment dismissing, for failure to state a claim, his 42 U.S.C. § 1983 action alleging violations of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the dismissal of a prisoner’s complaint pursuant to 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 450 (9th Cir.2000), and we affirm.

The district court properly dismissed Flournoy’s retaliation claim because Flour-noy failed to allege that his move to another cell unit did not advance a legitimate penological goal. See Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam).

The district court properly dismissed Flournoy’s remaining claims because he failed to exhaust his administrative remedies. See Booth v. Churner, 532 U.S. 731, 734, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001). Flournoy’s contention that the Supreme Court’s ruling in Booth should not be applied retroactively lacks merit. See Harper v. Va. Dep’t of Taxation, 509 U.S. 86, 96, 113 S.Ct. 2510, 125 L.Ed.2d 74 (1993).

Flournoy’s “Request for an Emergency Appeal” is denied.

AFFIRMED.

Flournoy v. Creamer
44 F. App'x 859

Case Details

Name
Flournoy v. Creamer
Decision Date
Aug 19, 2002
Citations

44 F. App'x 859

Jurisdiction
United States

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