Hunter

MEMORANDUM

Demondza Hunter appeals the district court’s dismissal of his 42 U.S.C. § 1983 action. The district court found that Hunter did not have a constitutionally protected liberty interest in avoiding confinement in the Segregated Housing Unit (“SHU”) at Corcoran State Prison. The district court further found that even if such a liberty interest existed, Hunter’s successful administrative appeal “cured” this error. The district court dismissed Hunter’s other claims as well, and denied Hunter’s request to file an untimely summary judgment brief. We reverse and remand for further proceedings.

We review a grant of summary judgment de novo. United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir.2003). We review a district court’s denial of an extension of time for abuse of discretion. United States v. Nguyen, 262 F.3d 998, 1002 (9th Cir.2001).

The district court correctly noted that the prison’s failure to accommodate Hunter’s allergy and disability do not, standing alone, give rise to a liberty interest. Serrano v. Francis, 345 F.3d 1071, 1078-79 (9th Cir.2003). The district court’s determination that Hunter did not have a liberty interest in avoiding confinement in the…