West

West v. Beauclair

Good Law
338 F. App'x 716
United States Court of Appeals for the Ninth CircuitJuly 27, 2009No. 08-35149California341 words

Opinion

Lead Opinion

MEMORANDUM ***

Hal Lee West, an Idaho state prisoner at the time of the events at issue, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging due process violations related to a disciplinary conviction. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002), and we affirm.

The district court properly granted summary judgment because West failed to demonstrate that defendants’ conduct implicated a cognizable interest under the Due Process Clause. West failed to show that the six days he spent in administrative segregation posed an “atypical and significant hardship in relation to the ordinary incidents of prison life[,]” Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995), or that his disciplinary conviction “invariably affect[ed] the duration of his sentence^]” Myron v. Terhune, 476 F.3d 716, 718 (9th Cir.2007). In addition, West did not have a liberty or property interest in the prison job that he lost, or prison jobs that he was precluded from obtaining, as a result of his conviction. See Walker v. Gomez, 370 F.3d 969, 973 (9th…

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