Porter

Porter v. Lincoln City

Good Law
59 F. App'x 985
United States Court of Appeals for the Ninth CircuitMarch 21, 2003No. 02-16674; D.C. No. CV-01-01778-FCDCalifornia444 words

Opinion

Lead Opinion

MEMORANDUM **

James L. Porter, Sr., a California state prisoner, appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that Lincoln City and several media companies violated his due process rights and the Ex Post Facto Clause. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissals for failure to *986 State a claim under the screening provisions of the Prison Litigation Reform Act, 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Porter’s due process claims because the California statute granting the public the right to submit information to the Board of Prison Terms for consideration in making parole decisions does not create a liberty interest protected by the Fourteenth Amendment. See Cal.Penal Code § 3043.5(b) (requiring the parole board to consider information submitted by the public but giving the board discretion to determine whether the prisoner “would pose a threat to the public safety if released on parole”); Baumann v. Ariz. Dept. of Corr., 754 F.2d 841, 844 (9th Cir.1985) (only state regulatory measures that impose “substantive limitations on…

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