Charles Zacharie v. M Chirila

MEMORANDUM

Charles Zacharie, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with a disciplinary hearing and the deprivation of his personal materials. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim, Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam), and its dismissal for failure to exhaust, Wyatt v. Ter-hune, 315 F.3d 1108 , 1117 (9th Cir.2003). We review for clear error the district court’s factual determinations. Id. We affirm.

The district court properly granted summary judgment to defendant Chirila on the due process claim because the undisputed evidence shows that, given the process afforded in its totality, Zacharie was granted a rehearing that resulted in the same guilty finding and same term in the Security Housing Unit as the allegedly procedurally defective hearing, and he does not contend that he was denied due process at the rehearing. See Zinermon v. Burch, 494 U.S. 113, 126 , 110 S.Ct. 975 , 108 L.Ed.2d 100 (1990) (holding that a constitutional violation is…