Lee Quillar v. D. Shankland

MEMORANDUM

California state prisoner Lee V. Quillar appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations of various constitutional rights, including his right of access to the courts. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Navarro v. Block, 250 F.3d 729, 731 (9th Cir.2001). We may affirm on any ground supported by the record. Kimes v. Stone, 84 F.3d 1121, 1126 (9th Cir.1996). We affirm in part, reverse in part, and remand.

The district court properly dismissed Quillar’s procedural due process claim because Quillar alleged no facts showing that the conditions of his confinement in administrative segregation imposed an “atypical and significant hardship on [him] in relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995).

We affirm the dismissal of Quillar’s Eighth Amendment claim because Quillar did not allege a deprivation that denied “the minimal civilized measure of life’s necessities” to form the basis of an Eighth Amendment violation. Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir.2000) (citation and internal quotation…