Andre Dennison v. Charles Ryan

MEMORANDUM

Plaintiff Andre Dennison appeals pro se from the district court’s dismissal of his § 1983 action for failure to state a claim against several Arizona Department of Corrections (“ADOC”) officials. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

We review de novo a dismissal of a prisoner complaint under 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011). “Under § 1915A, when determining whether a complaint states a claim, a court must accept as true all allegations of material fact and must construe those facts in the light most favorable to the plaintiff.” Id. at 892-93 (internal quotation marks omitted). This court “may affirm on any ground supported by the record.” Serrano v. Francis, 345 F.3d 1071, 1076-77 (9th Cir.2003). The denial of leave to amend is reviewed for an abuse of discretion. Ramirez v. Galaza, 334 F.3d 850, 854 (9th Cir.2003).

The district court properly determined that Dennison failed to state due process claims in Counts I and II. The Due Process Clause provides procedural protections to inmates who can establish that…