James Hinkley v. Bernard Warner
Opinion
Opinion
MEMORANDUM
Washington state prisoner James Mark Hinkley appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action .alleging Fourth and Eighth Amendment claims arising out of a random urinalysis drug test. 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 affirm.
The district court properly dismissed Hinkley’s Fourth Amendment claim because Hinkley failed to allege facts sufficient to show that his random urinalysis drug test was unreasonable. See Thompson v. Souza, 111 F.3d 694, 702-03 (9th Cir.1997) (setting forth factors to determine whether a search is reasonable under the Fourth Amendment and holding that a prisoner’s non-random urinalysis drug test was a reasonable search). Moreover, the district court properly dismissed Hinkley’s challenge to the urinalysis policy because it concluded the policy was reasonably related to a legitimate penological interest.