Burgess

Burgess v. Bennett

Good Law
17 F. App'x 682
United States Court of Appeals for the Ninth CircuitAugust 29, 2001No. 00-35725; D.C. No. CV-99-1191-TMCCalifornia429 words

Opinion

Lead Opinion

MEMORANDUM **

Richard 0. Burgess, an inmate of the Snake River Correctional Facility, brought a 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights. Burgess appeals pro se the district court’s grant of judgment on the pleadings as to claims 1, 2, 3, 4, and 8 of his complaint, and the grant of summary judgment as to his remaining First Amendment claims.

I

Burgess’s rights were not violated when the district court ordered that the filing fee be deducted from “plaintiffs trust account.” No misidentification occurred.

II

We affirm the dismissal of claims related to the presence of allegedly incorrect information in Burgess’s prison file and sealed PSI report. The allegedly incorrect information was not relied upon by prison officials to any constitutionally significant degree: A prisoner has no constitutional right to a particular custody classification, or to participate or refrain from participation in rehabilitative programs. See, e.g., Moody v. Daggett, 429 U.S. 78 , 88 n. 9, 97 S.Ct. 274 , 50 L.Ed.2d 236 (1976) (rejecting claim that “prisoner classification and eligibility for rehabilitative programs” invoked due process…

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