Phi-Long Huynh v. San Diego County Probation Department
Opinion
Lead Opinion
MEMORANDUM **
Phi-Long Huynh, a probationer, appeals pro se from the district court’s judgment dismissing for failure to state a claim his action alleging that the San Diego County Probation Department violated his constitutional rights by directing him to undergo a sex offender evaluation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Vasquez v. Los Angeles County, 487 F.3d 1246, 1249 (9th Cir.2007), and may affirm on any basis supported by the record, Hall v. N. Am. Van Lines, Inc., 476 F.3d 683, 686 (9th Cir.2007). We affirm.
The district court properly dismissed Huynh’s due process liberty interest claim because Huynh did not allege that he was denied notice and an opportunity to be heard in connection with his refusal to undergo a sex offender evaluation. See Brewster v. Bd. of Educ. of Lynwood Unified Sch. Dist., 149 F.3d 971 , 982 (9th Cir.1998).
The district court properly dismissed Huynh’s due process property interest claim because requiring a probationer to pay for the costs of his probation does not violate a due process right to property. See United States v. Zakhor, 58 F.3d 464, 467 (9th Cir.1995).