Paul Adams v. Larry Small

MEMORANDUM

Paul Adams, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights by classifying him as a gang affiliate. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Romano v. Bible, 169 F.3d 1182, 1185 (9th Cir.1999). We affirm.

The district court properly dismissed Adams’s Fourteenth Amendment due process claim because Adams has no liberty interest in his classification status. See Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (liberty interest arising from state laws or policies “will be generally limited to freedom from restraint which ... imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life”); Myron v. Terhune, 476 F.3d 716, 718 (9th Cir.2007) (prison classification does not implicate a state-created liberty interest).

The district court properly dismissed Adams’s equal protection claim because Adams failed to allege facts demonstrating that defendants…