Juan Falcon v. M. Phillips

MEMORANDUM

Juan Antonio Falcon, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that his due process rights were violated in connection with his placement in segregated housing as a result of a prison disciplinary proceeding. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Hamilton v. Brown, 630 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)(B)(ii)). We vacate and remand.

The district court properly dismissed Falcon’s complaint because Falcon failed to allege facts sufficient to show that his placement in segregated housing as a result of his disciplinary hearing imposed an “atypical and significant hardship” on him “in relation to the ordinary incidents of prison life” to create a constitutionally protected liberty interest. See Sandin v. Conner, 515 U.S. 472, 483-84 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (constitutionally protected liberty interest arises only when a restraint imposes an “atypical and significant hardship on the inmate in relation to the…