Jensen

Jensen v. Davis

Good Law
61 F. App'x 358
United States Court of Appeals for the Ninth CircuitMarch 21, 2003No. 02-15235; D.C. No. CV-99-05431-RECCalifornia305 words

Opinion

Lead Opinion

MEMORANDUM **

Paul William Jensen, a California state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that correctional officers retaliated against him for filing prison grievances. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim. Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998). We affirm.

Jensen failed to allege facts to demonstrate that the three days he spent in administrative segregation amounted to an atypical and significant deprivation. See Sandin v. Conner, 515 U.S. 472, 483-84 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (holding that a liberty interest is created if the deprivation “imposes an atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life”). Furthermore, Jensen did not state a due process claim for deprivation of property because there is a meaningful post-deprivation remedy under state law. See Cal. Gov’t Code § 900; Hudson v. Palmer, 468 U.S. 517, 533 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984).

By limiting his contentions on appeal to the claims against defendants Enderlee, Childs, and…

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