John Hallman v. Matthew Cate

California state prisoner John Steven Hallman appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process and First Amendment violations in connection with his 2008 re-validation as an associate of the Mexican Mafia prison gang. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir. 2001) (failure to state a claim); Hawkins v. Risley, 984 F.2d 321, 323 (9th Cir.1993) (per curiam) (issue preclusion). We may affirm on any ground supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008), and we affirm.

Dismissal was proper because the state court’s denial of Hallman’s petition for a writ of habeas corpus challenging his retention in the Security Housing Unit precluded Hallman from relitigating the same issues in a § 1983 action. See Silverton v. Dep’t of Treasury, 644 F.2d 1341 , 1347 (9th Cir.1981) (“[B]ecause of the nature of a state habeas proceeding, a decision actually rendered should preclude an identical issue from being relitigated in a subsequent § 1983 action if the state habeas court afforded a full and fair opportunity for the issue…