Brazil
Brazil v. Rice
Opinion
Lead Opinion
MEMORANDUM **
Sean Ellington Brazil, Sr., a California state prisoner, appeals pro se from the district court’s judgment dismissing pursuant to 28 U.S.C. § 1915A his civil rights action and from the order denying his motions for reconsideration. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissal at the screening level, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and review for an abuse of discretion a denial of a motion for reconsideration, Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993). We affirm.
The district court properly dismissed the due process claim because the constitutionality of the alleged retaliation could be challenged under the First Amendment. See Picray v. Sealock, 138 F.3d 767, 770 (9th Cir.1998) (dismissing due process claim where the government conduct could be challenged under a more specific constitutional provision). Further, the amended complaint does not allege a protected liberty interest. See Washington v. Glucksberg, 521 U.S. 702, 727 , 117 S.Ct. 2258 , 138 L.Ed.2d 772 (1997) (explaining that the Fourteenth Amendment protects “personal activities and decisions that this Court…