Steven Martin v. James Tilton

MEMORANDUM

Steven A. Martin, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his double-cell housing. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We may affirm on any ground supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008), and we affirm.

Dismissal of Martin’s action was proper because Martin failed to allege facts showing that defendants’ conduct deprived him of a federal right. See Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir.2006) (setting forth the elements of a claim under § 1983); see also Rhodes v. Robinson, 408 F.3d 559 , 567-68 (9th Cir.2005) (setting forth the elements of a retaliation claim under § 1983); Jackson v. Carey, 353 F.3d 750, 755 (9th Cir.2003) (procedural guarantees of the due process clause apply only when a constitutionally protected liberty or property interest is at stake); Monteiro v. Tempe Union High Sch. Dist., 158 F.3d 1022 , 1026 (9th Cir.1998) (to state an equal protection claim,…