Unpublished Disposition, 912 F.2d 470 (9th Cir. 1990)

Michael A. Stephens, an Oregon state prisoner, appeals pro se the district court's summary judgment dismissal of his 42 U.S.C. § 1983 civil rights action. Stephens contends that: (1) he was transferred from Oregon to Kansas in retaliation for filing lawsuits against the defendants and to hinder his prosecution of these lawsuits; (2) when he was transferred to Kansas, Oregon prison officials seized several of his legal documents without a hearing; and (3) the district court erred in denying his motion for a default judgment.

The district court's judgment is affirmed. First, Stephen's claim for retaliatory transfer fails because the record establishes that he was transferred to advance the legitimate goals of inmate safety and the security of the Oregon State Penitentiary. See Rizzo v. Dawson, 778 F.2d 527, 532 (9th Cir. 1985). Second, Stephen's claim that the defendants seized his legal documents upon his transfer fails because there is no evidence that either Francke or Maass participated in or directed the alleged seizure, nor that they knew of the alleged seizure and failed to act to prevent it. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). Finally, the district court did not err in denying Stephen's motion for a default judgment because no extreme circumstances existed to justify a default judgment. See United States for Use and Benefit of Wiltec Guam, Inc. v. Kahaluu Constr. Co., 857 F.2d 600, 603 (9th Cir. 1988).

AFFIRMED.