Jimmy Downs v. James Baca

MEMORANDUM

Former Nevada state prisoner Jimmy Earl Downs appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional claims against prison officials and private parties. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. §§ 1915A or 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We may affirm on any grounds supported by the record, Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008), and we affirm.

The district court properly dismissed Downs’s claims for unlawful seizure, false imprisonment, and false charges arising from his placement in administrative segregation pending an extortion investigation because Downs failed to allege a protected liberty interest or state action by the private defendants. See Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (constitutionally protected liberty interest only arises if administrative segregation imposes an atypical and significant hardship in relation to the ordinary incidents of prison life);…