Giurbino

Nguyen Tien Minh v. Giurbino

Good Law
225 F. App'x 674
United States Court of Appeals for the Ninth CircuitMarch 21, 2007No. 05-56029California422 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Nguyen Tien Minh appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissals for failure to state a claim under the screening provisions of the Prison Litigation Reform Act, 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly concluded that Minh’s allegations that defendants failed to process his grievances failed to state claims under the First or Fourteenth Amendments. See Lewis v. Casey, 518 U.S. 343, 356 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996) (First Amendment requires officials provide prisoners with “the capability of bringing contemplated challenges to sentences or conditions of confinement before the courts”); Mann v. Adams, 855 F.2d 639, 640 (9th Cir.1988) (order) (no due process right to a prison grievance procedure).

The district court also properly dismissed Minh’s claim that his constitutional rights were violated when he was found guilty of a rules violation for failing to report to his work assignment. See Farmer v. Brennan, 511…

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