Vincent Solomon v. M. Carrasco

MEMORANDUM

Vincent U. Solomon, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We affirm in part, reverse in part, and remand.

The district court properly dismissed Solomon’s First Amendment retaliation claim because Solomon failed to allege facts sufficient to show that any defendant retaliated against him. See Brodheim v. Cry, 584 F.3d 1262, 1269 (9th Cir.2009) (setting forth elements of a First Amendment retaliation claim in the prison context).

The district court properly dismissed Solomon’s due process claim regarding his placement in administrative segregation because Solomon’s allegations show that he received sufficient process. See Toussaint v. McCarthy, 801 F.2d 1080 , 1100 (9th Cir.1986), abrogated in part on other grounds by Sandin v. Conner, 515 U.S. 472 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995)…