Billups

Billups v. Hammon

Good Law
235 F. App'x 415
United States Court of Appeals for the Ninth CircuitMay 23, 2007No. 06-55274California361 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Derrick Lee Billups appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging defendants subjected him to excessive force and later violated his First and Fourteenth Amendment rights during disciplinary proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Billups’ claim that he was denied access to courts because he failed to present evidence that he suffered actual injury to “contemplated or existing litigation, such as the inability to meet a filing deadline or to present a claim.” See Lewis v. Casey, 518 U.S. 343, 348 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996).

The district court also properly granted summary judgment on Billups’ claim that his Fourteenth Amendment rights were violated during disciplinary proceedings, because the evidence shows he received adequate notice of the disciplinary hearing in which he was found not guilty of the battery charge. See Wolff v. McDonnell, 418 U.S. 539, 563-67 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974) (due process…

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