Staley

MEMORANDUM **

Terry J. Staley, an Oregon state prisoner, appeals pro se the district court’s dis *498 missal of his 42 U.S.C. § 1988 action alleging that the defendants violated the Americans with Disabilities Act (ADA), Rehabilitation Act and various constitutional rights by denying him parole based on his disability. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Thompson v. Davis, 295 F.3d 890, 895 (9th Cir.2002), and we affirm.

Staley alleged that defendants discriminated against him by denying him parole based on a finding that he suffers from a severe emotional disturbance so as to constitute a danger to the health or safety of the community. The district court properly granted summary judgment to the defendants on Staley’s discrimination claim because the ADA does not categorically bar a state parole board from considering an inmate’s disability in making an individualized assessment of the future dangerousness of the inmate. See id. at 898 n. 4.

The district court properly dismissed without prejudice Staley’s due process, equal protection and ex post facto claims because success on those claims would necessarily affect the length of Staley’s…