Alfred Shallowhorn v. P.J. Gonzalez

MEMORANDUM

California state prisoner Alfred Eugene Shallowhorn appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging First, Eighth, and Fourteenth Amendment violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the dismissal of an action for failure to state a claim under both 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and 28 U.S.C. § 1915 (e)(2), Bar ren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Shallowhorn’s retaliation claim because Shallowhorn failed to allege facts sufficient to show that defendants’ alleged delay in releasing him from administrative segregation pending a classification review was retaliatory in nature and failed to advance a valid penological goal. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005) (discussing elements of retaliation claim in the prison context).

The district court properly dismissed Shallowhorn’s due process claim because, even assuming that his three-month administrative segregation implicated a protected liberty interest, Shallowhorn failed to allege facts sufficient…