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Kelley v. Peters

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 4, 2019
No. 18-35395 (9th Cir. Jan. 4, 2019)

Opinion

No. 18-35395

01-04-2019

MICHAEL D. KELLEY, Plaintiff-Appellant, v. COLETT S. PETERS, being sued in her individual capacity; et al., Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 6:16-cv-02400-AC MEMORANDUM Appeal from the United States District Court for the District of Oregon
Michael W. Mosman, Chief Judge, Presiding Before: TROTT, SILVERMAN, and TALLMAN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Michael D. Kelley, an Oregon state prisoner, appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging due process violations in connection with his confinement in administrative segregation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011). We affirm.

The district court properly granted summary judgment for defendants because Kelley failed to raise a genuine dispute of material fact as to whether defendants provided insufficient notice of the reasons for retaining him in administrative segregation, or as to whether the "some evidence" standard was met. See Bruce v. Ylst, 351 F.3d 1283, 1287 - 88 (9th Cir. 2003) (explaining that due process claims based on administrative segregation are subject to the "some evidence" standard); Toussaint v. McCarthy, 926 F.2d 800, 803 (9th Cir. 1990) (discussing "indicia of reliability" of evidence); Toussaint v. McCarthy, 801 F.2d 1080, 1100 - 1101 (9th Cir. 1986), abrogated in part on other grounds by Sandin v. Conner, 515 U.S. 472 (1995) (describing due process notice and hearing requirements in the administrative segregation context).

AFFIRMED.


Summaries of

Kelley v. Peters

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 4, 2019
No. 18-35395 (9th Cir. Jan. 4, 2019)
Case details for

Kelley v. Peters

Case Details

Full title:MICHAEL D. KELLEY, Plaintiff-Appellant, v. COLETT S. PETERS, being sued in…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 4, 2019

Citations

No. 18-35395 (9th Cir. Jan. 4, 2019)

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