Willie Smith v. Dwight Nevens

MEMORANDUM

Nevada state prisoner Willie T. Smith appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to state a claim and failure to exhaust administrative remedies. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003) (dismissal for failure to exhaust); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We affirm.

The district court properly dismissed Smith’s Fourth Amendment claim alleging an unlawful search because prisoners have no constitutional right to privacy in their cells. See Hudson v. Palmer, 468 U.S. 517, 526 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984) (“[T]he Fourth Amendment proscription against unreasonable searches does not apply within the confines of the prison cell.”).

The district court properly dismissed Smith’s Fourteenth Amendment claim alleging denial of access to education and employment because there is no constitutional or state-created right to rehabilitation programs in prison. See Nev.Rev. Stat. § 209.389(4) (offenders do not have a right to educational and vocational…