Newland

Williams v. Newland

Good Law
19 F. App'x 565
United States Court of Appeals for the Ninth CircuitSeptember 20, 2001No. 00-16263; D.C. No. CV-99-02371-LKK (JFM)California239 words

Opinion

Lead Opinion

*566 MEMORANDUM **

Renaldo M. Williams, a California state prisoner, appeals pro se the district court’s judgment sua sponte dismissing his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. We review de novo dismissals under the Prison Litigation Reform Act screening provisions, 28 U.S.C. §§ 1915A(a), 1915A(b)(l) & (2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000).

Williams was not denied procedural due process because he has no liberty interest in not being placed in administrative segregation. See May v. Baldwin, 109 F.3d 557, 565 (9th Cir.1997). In addition, the filing of a disciplinary charge against him by correctional officers is not actionable because Williams was afforded the procedural protections set out in Wolff v. McDonnell, 418 U.S. 539, 563, 566 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974). Because Williams was not eligible for staff assistance under CaLCode Regs. tit. 15, § 3336(b), denial of such assistance is not actionable. Without more, Williams’s bare allegation that he was placed in administrative segregation pending the investigation of a criminal infraction fails to state a claim under the Eighth Amendment. Cf. Anderson…

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