Emil

Emil v. Crawford

Good Law
125 F. App'x 112
United States Court of Appeals for the Ninth CircuitFebruary 16, 2005No. 04-15469California271 words

Opinion

Lead Opinion

MEMORANDUM **

Nevada state prisoner Rodney Emil appeals pro se the district court’s dismissal of his civil rights action against prison employees. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s sua sponte dismissal for failure to state a claim. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Emil’s action because his allegations—that he was charged for prescription drugs, including drugs he did not receive, that he was required to pay for copies in order to file grievances, that defendants did not respond to his grievances to his satisfac *113 tion, and that he was denied canteen privileges—do not state a constitutional claim. See, e.g., Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (due process protection limited to conduct that amounts to an “atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life”); Shapley v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 408 (9th Cir.1985) (per curiam) (charging inmates for medical care does not violate Eighth Amendment); Hudson v. Palmer, 468 U.S. 517, 533 ,…

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