Glennv.McGrath

United States Court of Appeals, Ninth CircuitMar 2, 2010
368 Fed. Appx. 800 (9th Cir. 2010)

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No. 09-15000.

Submitted February 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed March 2, 2010.

Otis R. Glenn, Represa, CA, pro se.

No Appearance, for Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California, Charles R. Breyer, District Judge, Presiding. D.C. No. 3:08-cv-03908-CRB.

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Otis Ray Glenn, a California state prisoner, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials denied him due process in connection with the administrative review of a rules violation report. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly concluded that Glenn's complaint failed to state a claim because prisoners "lack a separate constitutional entitlement to a specific prison grievance procedure." Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003). Moreover, to the extent that Glenn challenges the 2002 rules violation report, his challenge is time-barred. See Jones v. Blanas, 393 F.3d 918, 927 (9th Cir. 2004) (explaining that in section 1983 actions courts apply the forum state's statute of limitations for personal injury actions, and noting California's two-year statute of limitations for personal injury claims).

Glenn's remaining contentions are unpersuasive.

Glenn's request for appointment of counsel is denied.

AFFIRMED.