Alvin Howard Canell, Plaintiff-appellant, v. Willie Watkins, Osp Grievance Coordinator; S.f. Thompson,osp Superintendent; David S. Cook, Directororegon Department of Corrections,defendants-appellees, 133 F.3d 926 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 133 F.3d 926 (9th Cir. 1997) Submitted Nov. 6, 1997. **Decided Dec. 17, 1997

Before: NOONAN, and HAWKINS, Circuit Judges, and MERHIGE***, District Judge.


Alvin H. Canell brought an action against certain prison officials, which the district court dismissed as frivolous. We affirm.

The nub of his complaint is that when he brought a grievance against the prison librarian and used inappropriate language in setting out his grievance, he was threatened with a disciplinary report or segregation if he did not rewrite the grievance. A threat to do an act prohibited by the Constitution is not equivalent to doing the act itself. Gaut v. Sunn, 810 F.2d 923, 925 (9th Cir. 1987). Canell suffered no injury for which the Constitution or federal law provides redress. His case was properly dismissed as frivolous.



The panel finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a) and Ninth Cir. R. 34-4


* The Honorable Robert R. Merhige, Jr., Senior United States District Judge for the Eastern District of Virginia, sitting by designation


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3