Samuel Song, Petitioner-appellant, v. Gary True, et al., Respondent-appellee, 951 F.2d 362 (9th Cir. 1991)

MEMORANDUM^** 

The summary judgment is affirmed. The State, as the moving party, had the initial burden of showing that there was no genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986).

The State provided evidence that appellant's detention in the Unit 1 temporary housing facility was not racially motivated. Rather, it was based on the legitimate goals and policies of the penal institution. Bell v. Wolfish, 441 U.S. 520, 546 (1979); Grummett v. Rushen, 779 F.2d 491 (9th Cir. 1985).

The State also provided evidence that the denial of appellant's request for a K-Gate pass was also not racially motivated. This decision was based on a determination by prison officials that appellant did not need a pass. Prison security is a legitimate goal of a penal institution. Bell v. Wolfish, 441 U.S. 520, 546 (1979); Grummett v. Rushen, 779 F.2d 491 (9th Cir. 1985).

In order to survive a motion for summary judgment, the appellant must show "there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). Appellant failed to make such a showing.

AFFIRMED.