Mike Murphy v. Butch Otter

MEMORANDUM

Plaintiff-appellant Mike Murphy appeals the district court’s dismissal with prejudice of his pro se complaint. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

Murphy, an inmate in the custody of the Idaho Department of Corrections, brought a 42 U.S.C. § 1983 suit asserting several claims, among them due process claims and an equal protection claim, against Idaho Governor Butch Otter, the Idaho Department of Corrections, and other State defendants. In dismissing the complaint under 28 U.S.C. § 1915A, the district court considered only Murphy’s claims that he had a right under various international accords to be transferred to a facility in Canada and a due process right to be so transferred. Murphy contends on appeal that the district court erred in failing to address his due process claim arising out of his alleged mediation agreement with the State of Idaho and his equal protection claim that Mexican nationals were favored in the transfer process. Murphy also argues that the district court erred in denying him any opportunity to amend his complaint.

Although the district court correctly ruled that Murphy has no due…