Timothy Johnson v. Jim Gibbons

MEMORANDUM

Timothy H. Johnson, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the deduction of room and board costs from his prison wages violated his due process rights. 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 Johnson’s action because the deductions were effected by a valid act of the Nevada legislature, and the legislative process satisfies the requirements of procedural due process. See Nev.Rev.Stat. § 209.461(l)(b) (deductions from prison wages, pursuant to Nev.Rev.Stat. § 209.463, is a condition of employment); Nev.Rev.Stat. § 209.463(l)(e) (authorizing deductions to “offset the cost of maintaining the offender in the institution”); Halverson v. Skagit County, 42 F.3d 1257, 1261 (9th Cir.1994) (“[Governmental decisions which affect large areas and are not directed at one or a few individuals do not give rise to the constitutional procedural due process requirements of individual notice and hearing; general notice as provided by law is…