Christopher Carrea, Jr. v. Jeffery Beard

MEMORANDUM

Christopher Carrea, Jr., a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Ramirez v. Galaza, 334 F.3d 850, 853 (9th Cir.2003). We affirm in part, vacate in part, and remand.

The- district court properly dismissed Carrea’s claim alleging that the prison grievance system is ineffective because prisoners do not have a “separate constitutional entitlement to a specific prison grievance procedure.” Id. at 860 .

The district court properly dismissed Carrea’s claim alleging that he was mis-elassified as a gang member because Car-rea failed to allege facts sufficient to state a plausible claim for relief under any viable legal theory. See Hebbe v. Pliler, 627 F.3d 338, 341-12 (9th Cir.2010) (although pro se pleadings are to be liberally construed, a plaintiff still must present factual allegations sufficient to state a plausible claim for relief); see also Moody v. Daggett, 429 U.S. 78 , 88 n. 9, 97 S.Ct. 274 , 50 L.Ed.2d 236 (1976) (prisoners have no liberty…