Jimenez

MEMORANDUM *

Fernando Jimenez appeals the grant of summary judgment to prison officials in his civil rights action pursuant to 42 U.S.C. § 1983 . We have jurisdiction under 28 U.S.C. § 1291 . We affirm summary judgment on Jimenez’s due process claim but reverse and remand his First and Eighth Amendment claims for trial.

The district court correctly granted summary judgment on Jimenez’s due process claim. Jimenez has failed to identify a liberty interest protected by the Due Process Clause. Sandin v. Conner, 515 U.S. 472, 474 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995). At oral argument, Jimenez made clear that his due process claim is based solely on his designation as a member of a Security Threat Group (“STG”), without tying that validation to his extended confinement in administrative segregation. Jimenez has failed to show that his STG designation in and of itself imposes an “atypical and significant hardship ... in relation to the ordinary incidents of prison life.” Id. at 484 , 115 S.Ct. 2293 ; see also Bruce v. Ylst, 351 F.3d 1283, 1287-88 (9th Cir.2003) (recognizing that “some evidence” supported prisoner’s identification as a gang member but without expressly recognizing…