Robert Smith v. Tashina Sandoval

MEMORANDUM

Robert Smith, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. §§ 1983 and 1985 action alleging that defendant prison officials violated his First, Eighth, and Fourteenth Amendment rights when they continued to classify him as a gang affiliate despite his alleged disassociation. 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 may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.

The district court properly dismissed Smith’s First Amendment free association claims because the prison’s classification of Smith reasonably related to legitimate pe-nological interests and Smith’s complaint indicates that he has associated with the gang in the past. See Stefanow v. McFadden, 103 F.3d 1466, 1472 (9th Cir.1996) (prison actions affecting First Amendment rights are permissible when reasonably related to legitimate interest of prison security); see also Bruce v. Ylst, 351 F.3d 1283, 1289 (9th Cir.2003) (“It is clear ... that prisons have a legitimate…