Stewart

ORDER

Inmate Richard Stewart brings this action against California corrections officials Edward J Alameida, Jr, Steven Moore and J S Woodford (collectively “defendants”), asserting claims under 42 USC § 1983 for violations of his rights under the First and Fourteenth Amendments. Doc. # 1 (Compl). Stewart claims that his validation as a gang associate has kept him in San Quentin’s Adjustment Center, also known as the Security Housing Unit (“SHU”), in violation of his constitutional rights.

Although defendants initially moved to dismiss the complaint pursuant to FRCP 12(b)(1) or, alternatively, for summary judgment on all claims pursuant to FRCP 56(c), Doc. # 11, defendants have since withdrawn their argument that the court lacks subject matter jurisdiction, Doc. # 25 at 2. For reasons discussed below, defendants’ motion for summary judgment is GRANTED.

I

As a consequence of being convicted for three counts of first degree murder, Stewart has been in the custody of the California Department of Corrections and Rehabilitation (CDCR) since May 1991. At all times relevant to this case, Stewart was incarcerated at San Quentin. Doc. # 12 (Cattermole Deck), Ex. C, AGO-153. All…