Stearns

MEMORANDUM

Scott E. Stearns, a California state prisoner, appeals pro se from the district court’s summary judgment and judgment following a jury verdict in his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights by validating him as an associate of a gang and failing to protect him from an assault by the gang. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment. Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003). We review for manifest error a district court’s findings concerning juror impartiality. Skilling v. United States, — U.S. -, -, 130 S.Ct. 2896, 2923 , 177 L.Ed.2d 619 (2010). We affirm.

The district court properly granted summary judgment on Stearns’s due process claim because there was “some evidence” to validate Stearns as a gang associate. See Bruce, 351 F.3d at 1287-88 (affirming summary judgment on due process claim where “‘some evidence’” supported the gang validation, and explaining that the “ ‘some evidence’ ” standard is met where “ ‘there is any evidence in the record that could support the conclusion’ ’’(citation omitted)).

We are not persuaded by Stearns’s challenges to the jurors who were seated…