August v. Dovey ( 2011 )

FILED
NOT FOR PUBLICATION JAN 14 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MICHAEL W. AUGUST, No. 07-16844
Plaintiff - Appellee, D.C. No. CV-06-01721-
LKK/CMK
v.
JOHN DOVEY, Director of Adult MEMORANDUM *
Institutions; JAMES E. TILTON,
Secretary of the CDCR; MARTIN
VEAL, Warden; J. MARTINEZ,
Captain; P. MIRICH, Lt.; M. CRY,
Appeals Coordinator; S. MORENO,
Associate Warden; K. CARROLL,
Sergeant,
Defendants - Appellants.
Appeal from the United States District Court
for the Eastern District of California
Lawrence K. Karlton, Senior District Judge, Presiding
Submitted January 12, 2011 **
San Francisco, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
page 2
Before: KOZINSKI, Chief Judge, NOONAN and SILVERMAN, Circuit
Judges.
August doesn’t allege any condition that enhanced his sentence in “such an
unexpected manner as to give rise to protection by the Due Process Clause of its
own force,” or imposed an “atypical and significant hardship on the inmate in
relation to the ordinary incidents of prison life.” Ghana v. Pearce, 159 F.3d 1206,
1209 (9th Cir. 1998) (quoting Sandin v. Conner, 515 U.S. 472, 484 (1995)). His
due process claim therefore fails.
REVERSED.