Francisco Gil v. J. Woodend

MEMORANDUM

Former California state prisoner Francisco J. Gil appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1988 action alleging a violation of his right to due process in connection with the forfeiture of good time credits following a rules violation hearing. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Keenan v. Hall, 83 F.3d 1083, 1088 (9th Cir.1996). We may affirm on any basis supported by the record, Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1047 (9th Cir.2009), and we affirm.

The district court properly granted summary judgment because Gil failed to raise a genuine dispute of material fact as to whether he was improperly denied procedural protections during his rules violation hearing, and whether defendant incorrectly imposed a good time credit loss of 121 days. See Wolff v. McDonnell, 418 U.S. 539, 563-70 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974) (setting forth due process requirements for prison disciplinary proceedings); see also Cal.Code Regs. tit. 15, § 3323(d) (2007) (providing a credit forfeiture range of 121-150 days for certain offenses); Superintendent v. Hill, 472 U.S. 445, 455 , 105 S.Ct. 2768 , 86 L.Ed.2d 356…