East v. California Department of Corrections

MEMORANDUM

Former California state prisoner Ebone Leroy East appeals pro se from the district court’s dismissal of his 42 U.S.C. § 1983 action alleging constitutional violations in connection with a prison gang validation. 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), and we affirm.

The district court properly dismissed East’s due process and defamation claims because East failed to allege facts showing he was denied due process or deprived of a protected liberty or property interest. See Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003) (prison gang validation decisions need only be supported by “some evidence,” and prison officials need only provide the inmate with some notice of the charges against him and an opportunity to present his views); see also Paul v. Davis, 424 U.S. 693, 712 , 96 S.Ct. 1155 , 47 L.Ed.2d 405 (1976) (§ 1983 defamation claim requires violation of protected liberty or property interest).

The district court properly dismissed East’s equal protection claim because East failed to allege facts demonstrating that defendants acted with the intent to…