UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
January 14, 2011
MICHAEL W. AUGUST, PLAINTIFF - APPELLEE,
JOHN DOVEY, DIRECTOR OF ADULT 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 D.C. No. CV-06-01721-LKK/CMK
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
Submitted January 12, 2011*fn2
San Francisco, California
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.