Robert MacHlan v. Dwight Neven

MEMORANDUM

Nevada state prisoner Robert Machlan appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging federal claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s ruling on cross-motions for summary judgment, Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011), and we affirm.

The district court properly granted summary judgment for defendants on Machlan’s due process claim regarding his time in disciplinary and administrative segregation because Machlan failed to raise a genuine dispute of material fact as to whether his segregation implicated a protected liberty interest. See Sandin v. Conner, 515 U.S. 472, 483-84 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (holding that a constitutionally protected liberty interest arises only when a restraint imposes an “atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life”). Machlan’s contention that he did not receive appropriate “time cuts” for his disciplinary segregation sentence is unsupported by the record.

The district court properly granted summary judgment for defendants…