Ebone East v. G. Kabonic

MEMORANDUM

Former California state prisoner Ebone Leroy East appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process and Eighth Amendment violations in connection with his short term placement in a Behavior Management Unit (“BMU”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A(a). 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), and we affirm.

Dismissal of East’s due process claim that he was placed in the BMU without a hearing under California Regulations was proper because the regulation does not create a liberty interest violated by his short term placement in the BMU. See Sandin v. Conner, 515 U.S. 472, 486 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (thirty day segregated confinement does “not present the type of atypical, significant deprivation in which a State might conceivably create a liberty interest”); Ove v. Gwinn, 264 F.3d 817, 824 (9th Cir.2001) (“To the extent that the violation of a state law amounts to the deprivation of a state-created interest…