Moten
Moten v. Garcia
Opinion
Lead Opinion
MEMORANDUM **
Jesse T. Moten, a California state prisoner, appeals pro se the district court’s dismissal, pursuant to 42 U.S.C. § 1915A(b), of his 42 U.S.C. § 1983 action alleging violation of his constitutional rights when he was transferred between prisons in order to testify against the California Department of Corrections in an evidentiary hearing. Moten also moves for an order protecting him from retaliation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and questions of venue, Immigrant Assistance Project v. INS, 306 F.3d 842 , 868 (9th Cir.2002). We affirm.
Moten contends that his civil rights were violated when he was transferred from one prison to another so as to testify at an evidentiary hearing. This contention fails because prisoners enjoy no constitutional right to be incarcerated at a particular prison or to avoid being transferred between prisons. See Olim v. Wakinekona, 461 U.S. 238, 245 , 103 S.Ct. 1741 , 75 L.Ed.2d 813 (1983). Moten contends that prison officials retaliated against him by delaying his return to Calipatria State Prison.…