Booker

MEMORANDUM

Otis H. Booker, IV, a California state prisoner, appeals pro se the district court’s order construing his habeas petition as a complaint under 42 U.S.C. § 1983 , and dismissing it under 28 U.S.C. § 1915A(a). In his petition, Booker sought release from administrative segregation into the general prison population on the grounds that evidence of his association with a prison gang was unreliable. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

The district court did not abuse its discretion by construing Booker’s habeas petition as a section 1983 complaint. See Wilwording v. Swenson, 404 U.S. 249, 251 , 92 S.Ct. 407 , 30 L.Ed.2d 418 (1971) (per curiam) (federal court may construe habeas petition as section 1983 complaint); Toussaint v. McCarthy, 801 F.2d 1080, 1102-03 (9th Cir.1986) (release of prisoner from administrative segregation falls within ambit of section 1983 action).

We review de novo the legal conclusion that “some evidence” supports the decision to place a prisoner in administrative segregation. See Cato v. Rushen, 824 *432 F.2d 703 , 705 n. 2 (9th Cir.1987) (citing Toussaint, 801 F.2d at 1087 ). The district court properly concluded that evidence of…