Michael Devaughn v. North Kern State Prison

MEMORANDUM

California state prisoner Michael O. De-Vaughn appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations arising from his removal to California to stand trial on criminal charges. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hamilton v. Brown, 680 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)). We affirm.

The district court properly dismissed DeVaughn’s claim that defendants violated his constitutional rights in the processing and handling of his prison grievances because prisoners do not have a “constitutional entitlement to a specific prison grievance procedure.” Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir.2003).

To the extent that DeVaughn brought claims challenging the fact and duration of his confinement, those claims were properly dismissed. See Wilkinson v. Dotson, 544 U.S. 74, 78 , 125 S.Ct. 1242 , 161 L.Ed.2d 253 (2005) (“[A] prisoner in state custody cannot use a § 1983 action to challenge the fact or duration of his confinement.” (citation and…