Hillery

MEMORANDUM **

Booker T. Hillery, a California state prisoner, appeals pro se the district court’s order dismissing his 42 U.S.C. § 1983 action alleging prison officials’ response to his grievance regarding his classification status violated his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the dismissal of an action under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

Hillery’s complaint fails to state a claim for retaliation, because it does not allege either infringement of his right to file pris *928 on grievances or a chilling effect. See id. at 449 .

The complaint also fails to state a claim for violation of the Eighth Amendment, because it does not allege that prison officials knew of and disregarded a substantial risk of serious harm to Hillery’s health and safety. See Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) .

Finally, the complaint fails to state a claim for violation of Hillery’s due process rights, because it fails to allege how the prison officials’ decision not to use a dropped charge in making a classification determination created an atypical and…