Melvin Harris v. Charles D. Marshall, Warden, and K. Ater

29 F.3d 632 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 HARRIS, Plaintiff-Appellant, v. Charles D. MARSHALL, Warden, and K. Ater, Defendant-Appellee. No. 93-15024. United States Court of Appeals, Ninth Circuit. Submitted June 20, 1994. * Decided July 20, 1994. Before: CHOY, SKOPIL, FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Melvin Harris, a California state prisoner, appeals pro se the district court's entry of summary judgment in his civil rights action. He alleges that prison officials deprived him of due process rights by confining him to administrative segregation. We agree with the district court that summary judgment was proper, and we affirm. 3 The due process clause of the Constitution does not create a prisoner's liberty interest in remaining in a general prison cell. Hewitt v. Helms, 459 U.S. 460, 466-68 (1983). Nevertheless, we have held that California prison regulations do create a prisoner's liberty interest in not being subject to arbitrary…