Lister

Lister v. King

Good Law
132 F. App'x 685
United States Court of Appeals for the Ninth CircuitMay 13, 2005No. 04-15849; D.C. No. CV-00-02108-GEB/PANCalifornia411 words

Opinion

Lead Opinion

MEMORANDUM **

California prisoner Joseph Emanuel Lister appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging he was retaliated against for complaining about the behavior of a prison supervisor and wrongfully convicted of a rules violation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both dismissal for failure to state a claim and summary judgment. Barnett v. Centoni, 31 F.3d 813, 815, 816 (9th Cir.1994) (per curiam). We affirm.

The district court properly dismissed Lister’s equal protection claim because Lister did not allege that any adverse actions taken against him were on the basis of his membership in a protected class. See Barren v. Harrington, 152 F.3d 1193, 1194-95 (9th Cir.1998) (order).

The district court properly dismissed Lister’s due process claims stemming from his disciplinary hearings because he did not sustain a constitutionally cognizable injury as a result of those proceedings. See Sandin v. Conner, 515 U.S. 472, 483-85 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (prisoner has no federal or state protected liberty interest in due process when the sanction imposed neither extends the length of his…

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