Alfonso Mouzon v. Pam Ahlin
Opinion
Opinion
MEMORANDUM
California civil detainee Alfonso Mouzon appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action challenging his civil confinement under California’s Sexually Violent Predators Act (“SVPA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii). Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir.2005). We may affirm on any basis supported by the record. Hartmann v. Cal. Dep’t of Corr. & Rehab., 707 F.3d 1114, 1121 (9th Cir.2013). We affirm.
The district properly dismissed Mouz-on’s claim for prospective injunctive relief because he failed to allege facts sufficient to show that the SVPA’s post-commitment procedures deprived him of due process. See Portman v. County of Santa Clara, 995 F.2d 898, 904 (9th Cir.1993) (setting forth elements of a § 1983 procedural due process claim); see also Cal. Welf. & Inst. Code § 6608 (a) (“A person who has been committed as a sexually violent predator shall be permitted to petition the court for conditional release with or without the recommendation or concurrence of the Director of State Hospitals.”).