Cox

MEMORANDUM

Roosevelt Maurice Hogg, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising out of his classification as a sex offender. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We reverse and remand.

Although the district court properly dismissed Hogg’s due process claim because Hogg failed to allege facts sufficient to show that his classification as a sex offender implicated a liberty interest and that he was denied procedural due process protections prior to his classification, the district court abused its discretion hr dismissing Hogg’s complaint without a single opportunity to amend. See Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000) (setting forth standard of review and explaining that leave to amend should be granted if it appears at all possible that a pro se plaintiff can correct the defect in the pleading); see also Neal v. Shimoda, 131 F.3d 818, 830-31 (9th Cir. 1997) (explaining that “the…