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Michael W. August v. John Dovey

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 14, 2011

MICHAEL W. AUGUST, PLAINTIFF - APPELLEE,
v.
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NOT FOR PUBLICATION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

MEMORANDUM*fn1

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.

REVERSED.


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