Rodriguez

MEMORANDUM *

Rudy Rodriguez, a prisoner incarcerated in Salinas Valley State Prison (SVSP), appeals from the summary judgment in favor of SVSP prison warden, Anthony LaMarque, and prison officials, R. Hernandez, P. Mandeville, and M. Collie (collectively “LaMarque”), in Rodriguez’s 42 U.S.C. § 1983 action. We affirm.

We cannot say whether Rodriguez has met the requirements of the Eighth Amendment without further development of the record. His deprivation was more complete but for less time than we held unconstitutional in Allen v. Sakai, 48 F.3d 1082 (9th Cir.1994) (as amended), and unlike Allen , not all (or perhaps any part) of it was of indefinite duration; it was also shorter than, but of similar character to, the deprivation in Lopez v. Smith, 203 F.3d 1122 (9th Cir.2000) (en banc), which we said was “long term” as it exceeded the Allen threshold. Id. at 1133 n. 15. Rodriguez’s deprivation was for more time than we found “temporary’ and thus constitutional in May v. Baldwin, 109 F.3d 557 (9th Cir.1997), absent medical effects. While the parties do not dispute the historic facts, it is not clear what inferences to draw from the fact that Rodriguez’s housing in administrative…