James Dean Bingman v. Jack McCormick Warden Montana State Prison Candice Hilyer

Good Law
972 F.2d 1337·1992 WL 164491·1992 U.S. App. LEXIS 29871
United States Court of Appeals for the Ninth CircuitJuly 16, 199291-35605California518 words

Opinion

Opinion

972 F.2d 1337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Dean BINGMAN, Plaintiff-Appellant, v. Jack MCCORMICK, Warden Montana State Prison; Candice Hilyer; et al., Defendants-Appellees. No. 91-35605. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1992. * Decided July 16, 1992. 1 Before ALARCON, RYMER AND T.G. NELSON, Circuit Judges 2 MEMORANDUM ** 3 James Dean Bingman appeals the dismissal of his § 1983 complaint against the warden of the Montana State Prison. Bingman alleges that his constitutional rights were violated because he was improperly reclassified to a higher security level without due process. The district court, upon the magistrate's recommendations, found that Bingman was reclassified with due process. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 4 Assuming that the state of Montana provided Bingman with a protected liberty interest in his classification, the hearing in this case satisfied the minimum…

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