Francis Davis v. M. Martel

Good Law
481 F. App'x 372
United States Court of Appeals for the Ninth CircuitSeptember 24, 201211-18078California313 words

Opinion

Opinion

MEMORANDUM

Francis W. Davis, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging various constitutional violations in connection with his placement in administrative segregation, his change in classification status, and the handling of his prison grievances. 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 Davis’s Fourteenth Amendment claims because Davis failed to allege facts sufficient to show the deprivation of a protected liberty or property interest. See Sandin v. Conner, 515 U.S. 472, 483-84 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (requirements to demonstrate a protected liberty interest); Hudson v. Palmer, 468 U.S. 517, 533 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984) (“[A]n unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available.”); Ramirez v. Galaza, 334…

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