Simms
Anthony Penton v. Simms
Opinion
Opinion
MEMORANDUM
California state prisoner Anthony Pen-ton appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging due process violations in connection with his placement in administrative segregation and his disciplinary hearing. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment and a dismissal under Fed. R. Civ. P. 12(b)(6). Doe v. Abbott Lab’s, 571 F.3d 930, 933 (9th Cir. 2009). We affirm.
The district court properly dismissed Penton’s due process claims regarding his placement in administrative segregation and the timing of his disciplinary hearing because Penton failed to allege facts sufficient to show that he was denied any procedural protections that were due. See Wolff v. McDonnell, 418 U.S. 539, 563-70 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974) (setting forth due process requirements for prison disciplinary proceedings); Toussaint v. McCarthy, 801 F.2d 1080, 1100-01 (9th Cir. 1986) (setting forth due process requirements for placement in administrative segregation), abrogated, in part on other grounds by Sandin v. Conner, 515 U.S. 472 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995).