James Menefield v. Matthew Cate
Opinion
Opinion
MEMORANDUM
James Frederick Menefield, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials violated his due process rights when they retained him in a security housing unit for an indeterminate term. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. §§ 1915 (e), Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and 1915A, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.
The district court properly dismissed the federal due process claim because even assuming that there was a liberty interest at stake, Menefield failed to allege facts suggesting that he was denied due process. See Superintendent, Mass. Corr. Inst. v. Hill, 472 U.S. 445, 455 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985) (“[T]he requirements of due process are satisfied if some evidence supports the decision by the prison disciplinary board.... ”); Wolff v. McDonnell, 418 U.S. 539, 563-70 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974) (setting forth the minimum due process required when a prisoner faces disciplinary charges).