Melvin J. Hemphill v. California Department of Corrections

2 F.3d 1157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Melvin J. HEMPHILL, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, Defendant-Appellee. No. 93-15675. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 2, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Melvin J. Hemphill, a California state prisoner, appeals pro se the dismissal of his 42 U.S.C. Sec. 1983 action seeking the restoration of good time credits lost at a prison disciplinary hearing. Hemphill contends that the district court erred by dismissing his due process claims as frivolous under 28 U.S.C. Sec. 1915 (d). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 The district court construed Hemphill's complaint as a habeas corpus petition and summarily denied habeas relief and dismissed the action on the basis that Hemphill's claims were frivolous. The district court then denied Hemphill's request for a…