Marlon Blacher v. R. Diaz

MEMORANDUM

California state prisoner Marlon Blacher appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendant R. Diaz violated his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.

The district court properly dismissed Blacher’s claim challenging the prison’s grievance procedures because “[t]here is no legitimate claim of entitlement to a grievance procedure.” Mann v. Adams, 855 F.2d 639, 640 (9th Cir.1988); see also Sandin v. Conner, 515 U.S. 472, 483-88 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (prison regulations do not provide a state-created liberty interest unless they impose an “atypical, significant deprivation” in relation to the ordinary incidents of prison life).

Dismissal of Blacher’s aceess-to-courts claim was proper because Blacher failed…