Timothy Grimaldi v. James Cox

Nevada state prisoner Timothy Wendell Grimaldi appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. § 1915A for failure to state a claim. Hamilton v. Brown, 680 F.3d 889 , 892 (9th Cir.2011). We affirm.

The district court properly dismissed Grimaldi’s due process claim because Gri-maldi failed to allege that his missed opportunity to appear before the pardon board, his housing assignment, or any other deprivation or freedom from restraint imposed “an atypical and significant hardship” on him in relation to the ordinary incidents of prison life to give rise to a protected constitutional interest. Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995); Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam) (property deprivation is not cognizable under § 1983 where state law provides adequate post deprivation remedy); see also Nev.Rev.Stat. § 41.0322.

The district court properly dismissed Grimaldi’s access-to-courts claim because Grimaldi failed to allege that any…