Jose Rodriguez v. K. Pearson

MEMORANDUM

Jose Garcia Rodriguez, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process claims arising from his placement and continuing confinement in disciplinary segregation and the security housing unit (“SHU”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

The district court properly dismissed Rodriguez’s due process claims because Rodriguez failed to allege facts showing how placement in disciplinary segregation or the SHU imposed an atypical and significant hardship on him in relation to the ordinary incidents of prison life. See Sandin v. Conner, 515 U.S. 472, 486 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (disciplinary confinement does “not present the type of atypical, significant deprivation in which a State might conceivably create a liberty interest”); see also May v. Baldwin, 109 F.3d 557, 565 (9th Cir.1997) (“[A]dministrative segregation falls within the terms of confinement ordinarily contemplated by a sentence.”); Anderson v. County of Kern, 45 F.3d 1310, 1315…