Andrew Andersen v. Jeffery Beard

MEMORANDUM

Andrew Andersen, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process and equal protection violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A, and we may affirm on any ground supported by the recorded. Hamilton v. Brown, 630 F.3d 889, 892-893 (9th Cir.2011). We affirm.

To the extent that Andersen’s due process claims relate to his future parole eligibility, the district court properly dismissed them because Andersen lacked standing. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992) (identifying three core requirements for standing under Article III of the United States Constitution).

To the extent that Andersen brought a substantive due process claim, dismissal was proper because Andersen failed to allege facts sufficient to state such a claim. See County of Sacramento v. Lewis, 523 U.S. 833, 846-47 , 118 S.Ct. 1708 , 140 L.Ed.2d 1043 (1998) (for a substantive due process violation, the conduct at issue must be arbitrary, or shock the conscience and violate the decencies of…