Nathaniel Davis, Jr. v. Scott Speer

MEMORANDUM

Washington state prisoner Nathaniel James Davis, Jr., appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). We affirm.

The district court properly dismissed Davis’s claim that defendant Speer violated his due process rights in connection with a disciplinary infraction for failure to provide a urine sample because Davis failed to allege facts sufficient to show that a protected liberty interest was at stake. See Serrano v. Francis, 345 F.3d 1071, 1078 (9th Cir.2003) (due process protections “adhere only when the disciplinary action implicates a protected liberty interest in some unexpected [manner] or imposes an atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life” (citation and internal quotation marks omitted)).

The district court properly dismissed Davis’s equal protection claim because Davis failed to allege facts sufficient to support his claim. See Monteiro v. Tempe Union High Sch. Dist., 158 F.3d 1022 , 1026 (9th…