Godinez

MEMORANDUM **

California state prisoner Rafael Godinez appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations from being held in administrative segregation prior to transfer to another institution. We have jurisdiction under 28 U.S.C. § 1291 . We review dismissal under 28 U.S.C. § 1915A de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Godinez’s due process claim because placement in administrative segregation pursuant to an official policy regarding safety of inmates is not an atypical and significant hardship in relation to the ordinary incidents of prison life. See Serrano v. Francis, 345 F.3d 1071, 1078 (9th Cir.2003) (administrative segregation in and of itself does not implicate a protected liberty interest under Sandin v. Conner, 515 U.S. 472, 485-86 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995)).

The district court properly dismissed Godinez’s Eighth Amendment claim because Godinez neither asserted that his time in administrative segregation was, by itself, a sufficiently serious deprivation nor that any prison official acted with a…