Al-Hizbullahi

Al-Hizbullahi v. Nimrod

Good Law
122 F. App'x 349
United States Court of Appeals for the Ninth CircuitFebruary 10, 2005No. 03-17340; D.C. No. CV-03-00543-MMCCalifornia276 words

Opinion

Lead Opinion

MEMORANDUM **

Muwakkil AI-Hizbullahi, a/k/a Timmy Ray Tyson, a California state prisoner, appeals pro se the district court’s judgment dismissing his section 1983 action alleging that prison officials violated his constitutional right to send and receive mail. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal. Nelson v. Heiss, 271 F.3d 891, 893 (9th Cir.2001) (dismissal pursuant to Fed.R.Civ.P. 12(b)(6)); Res-nick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal pursuant to 28 U.S.C. § 1915A). We affirm.

The district court properly dismissed Al-Hizbullahi’s claims against Nimrod pursuant to 28 U.S.C. § 1915A because inmates lack a separate constitutional entitlement to a specific prison grievance procedure. See Mann v. Adams, 855 F.2d 639, 640 (9th Cir.1988) (order). In addition, Al-Hizbullahi failed to allege sufficient facts to indicate that any alleged *351 failure to process his grievances resulted in actual injury. See Lewis v. Casey, 518 U.S. 343, 353-55 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996).

The district court properly granted Kun’s motion to dismiss the claims against her because Al-Hizbullahi’s allegations…

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