Alvin Ross v. Arnold Schwarzenegger

MEMORANDUM

California state prisoner Alvin Ronnel Ross appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging claims arising out of statutory and policy changes regarding the grant of clemency for inmates serving a life without parole sentence. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (A), Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and 28 U.S.C. § 1915 (e), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Ross’s ex post facto claim because Ross failed to allege facts sufficient to show that the statutory and policy changes at issue criminalized innocent conduct, increased his punishment, or deprived him of a previously available defense. See Collins v. Youngblood, 497 U.S. 37, 41-43 , 110 S.Ct. 2715 , 111 L.Ed.2d 30 (1990) (setting forth the types of enactments to which the constitutional prohibition on ex post facto laws under Article I, Section 10 applies).

The district court properly dismissed Ross’s due process claim because Ross failed to allege facts sufficient to show that he had a “constitutional…