Jose Cervantes v. Darrel Adams

MEMORANDUM

Jose H. Cervantes, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. §§ 1915A or 1915(e)(2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Cervantes’s due process claims regarding his gang validation and assignment to the' security housing unit (“SHU”) because, even assuming he had a liberty interest in avoiding indeterminate SHU confinement, the facts alleged by Cervantes show that he received all the process that he was due. See Wilkinson v. Austin, 545 U.S. 209, 228-29 , 125 S.Ct. 2384 , 162 L.Ed.2d 174 (2005) (notice and opportunity to be heard are adequate procedural safeguards for placement in maximum custody); Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003) (prison officials must provide inmate facing gang validation with notice of the charges and an opportunity to present his views, and decisions must be supported by “some…