Ronald Martinez v. L. Scribner

MEMORANDUM

Ronald F. Martinez, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his procedural due process, equal protection, and First Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, and may affirm on any ground supported by the record. Corales v. Bennett, 567 F.3d 554, 562 (9th Cir.2009). We affirm.

The district court properly granted summary judgment on Martinez’s due process claim because Martinez’s retention in administrative segregation after he served his 15-month term in the Segregated Housing Unit did not impose an “atypical and significant hardship on [him] in relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995).

The district court properly granted summary judgment on Martinez’s equal pro- teetion claim because Martinez failed to raise a genuine dispute of material fact as to whether he was “intentionally treated differently from others similarly situated and [whether] there [was] no rational basis for the difference in treatment.” Vill. of Willowbrook v.…