Aros

Aros v. Robinson

Good Law
331 F. App'x 485
United States Court of Appeals for the Ninth CircuitMay 26, 2009No. 07-15393California434 words

Opinion

Lead Opinion

MEMORANDUM **

Armando Roberto Aros, an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action claiming violations of due process, equal protection, and the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. See Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) ( 28 U.S.C. § 1915 (e)); Aguilera v. Baca, 510 F.3d 1161, 1167 (9th Cir.2007) (summary judgment). We may affirm on any basis sup *487 ported by the record. Hall v. N. Am. Van Lines, Inc., 476 F.3d 683, 686 (9th Cir.2007). We affirm in part, vacate in part, and remand.

The district court properly dismissed Aros’s procedural due process claim because prison regulations provided Aros with “fair notice” that conspiring to assault another inmate was prohibited. See Newell v. Sauser, 79 F.3d 115, 117 (9th Cir.1996) (“[D]ue process requires fair notice of what conduct is prohibited before a sanction can be imposed.”).

The district court properly granted summary judgment on Aros’s Eighth Amendment claim because Aros failed to demonstrate a triable issue as…

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