Holt

Holt v. Lightfield

Good Law
23 F. App'x 833
United States Court of Appeals for the Ninth CircuitDecember 27, 2001No. 00-16578; D.C. No. CV-99-01361-GEBCalifornia371 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Pasadero Peter Holt appeals pro se the district court’s dismissal before service, pursuant to 29 U.S.C. § 1915A(b)(1), of his third amended complaint alleging violations of the Fourteenth Amendment under 28 U.S.C. § 1983 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the dismissal of a prisoner’s complaint pursuant to 28 U.S.C. § 1915A. See Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000).

Holt contends that his constitutional rights were violated when correctional officers made a false written report of his conduct during a visit and when, as a result of this report, his visitation rights were restricted. Because Holt is not a member of a suspect class, there is no fundamental right at issue, and restrictions on visitation are rationally related to the legitimate objectives of prison officials, Holt’s equal protection rights were not violated. See Coakley v. Murphy, 884 F.2d 1218, 1221-22 (9th Cir.1989). Because the Constitution does not guarantee a right of unfettered visitation, the allegedly erroneous report and restrictions on Holt’s visitation rights did not violate his federal right to due…

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