Brown

Brown v. Diggs

Good Law
58 F. App'x 352
United States Court of Appeals for the Ninth CircuitMarch 13, 2003No. 02-16334; D.C. No. CV-99-00019-DFLCalifornia412 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Leonard Brown appeals pro se the summary judgment in favor of prison defendants in his 42 U.S.C. § 1983 action alleging denial of due process, deliberate indifference to his safety, and retaliation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment, Delta Sav. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001), and we affirm.

Contrary to Brown’s contention, the district court correctly applied the standard set forth in Sandin v. Conner, 515 U.S. 472 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995). Whether or not defendant Hargrove violated state regulations or prison policy in transferring Brown to High Desert State Prison (“HDSP”), the transfer from one prison to another does not give rise to due process rights. See id. at 484 , 115 S.Ct. 2293 (liberty interests protected by due process limited to freedom from restraint that “imposes atypical and significant hardship on the inmate in relation to ordinary incidents of prison life”); see, e.g., Meachum v. Fano, 427 U.S. 215, 225 , 96 S.Ct. 2532 , 49 L.Ed.2d 451 (1976) (transfer from one prison to another was “within the normal limits or range of custody…

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