Opinion · Court of Appeals for the Ninth Circuit
Daniel Harper v. Costa
393 F. App'x 488
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 2010-08-27
- Topic
- general
“district courts throughout California ... have determined that a prisoner’s 8 allegation that prison officials issued a false disciplinary charge against him fails to state a 9 cognizable claim for relief under § 1983” | “district courts throughout California ... have determined that a prisoner’s 12 allegation that prison officials issued a false disciplinary charge against him fails to state a 13 cognizable claim for relief under § 1983” | “[D]istrict courts throughout California ... 14 have determined that a prisoner’s allegation that prison officials issued a false disciplinary charge 15 against him fails to state a cognizable claim for relief under § 1983.” | “district courts throughout California ... have determined that a prisoner’s 2 allegation that prison officials issued a false disciplinary charge against him fails to state a 3 cognizable claim for relief under § 1983”
Citator
- Cited by
- 35 opinions
MEMORANDUM **
Daniel Harper, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights by issuing him a false disciplinary violation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Serra v. Lappin, 600 F.3d 1191, 1195 (9th Cir.2010). We affirm.
Harper’s action was properly dismissed because his disciplinary violation, and the associated penalties, were reversed through the prison’s administrative appeal procedure, and because Harper did not allege facts suggesting that his resulting administrative segregation imposed an atypical and significant hardship. See Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir.2003) (under the Due Process Clause, a prisoner may challenge a state disciplinary action only if it “deprives or restrains a state-created liberty interest in some ‘unexpected manner’ ” or “imposes some ‘atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life’ ” (quoting Sandin v. Conner, 515 U.S. 472, 484, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995))).
Harper’s remaining contentions are unpersuasive.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.