Myron

ORDER AND OPINION

ORDER

The petition for rehearing is granted. Our opinion filed August 7, 2006 is withdrawn and the opinion filed with this order shall be filed.

OPINION

James Myron appeals from the district court’s sua sponte dismissal of his 42 U.S.C. § 1983 prison condition claims. Myron argues that state regulations governing prison administration create enforceable Fourteenth Amendment liberty interests, and that dismissal on that basis was therefore erroneous. He also asserts an Eighth Amendment claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Myron, a California state prisoner, filed this 42 U.S.C. § 1983 action along with other plaintiffs in December 1999. The complaint named several correctional officers and medical personnel at the Salinas Valley State Prison as defendants. The district court, after conducting its mandatory sua sponte review of the complaint pursuant to 28 U.S.C. § 1915A, dismissed most of plaintiffs’ claims. In doing so, the district court held that prison regulations governing inmate classification did not create cognizable Eighth or Fourteenth Amendment liberty interests, nor do prison publications import the…