Rodney Barno v. Stuart Ryan, et al, No. 09-55646 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 12 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT RODNEY BERNARD BARNO, Plaintiff - Appellant, No. 09-55646 D.C. No. 3:07-CV-01373-WMC v. MEMORANDUM * STUART RYAN, Warden of Calipatria; et al., Defendants - Appellees. Appeal from the United States District Court for the Southern District of California William McCurine, Magistrate Judge, Presiding ** Submitted September 13, 2010 *** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Rodney Bernard Barno, a California state prisoner, appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging claims for * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** deliberate indifference to his safety and due process violations arising out of his alleged classification as a sex offender. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Nelson v. Heiss, 271 F.3d 891, 893 (9th Cir. 2001), and we affirm. The district court properly dismissed Barno s deliberate indifference claim because Barno failed to allege that he suffered any injury or threat of harm other than the allegedly erroneous classification itself, possible loss of a prison job, and temporary restrictions on visitations with minors. See Overton v. Bazzetta, 539 U.S. 126, 136-37 (2003) (visitor restrictions on inmates charged with substance abuse did not violate Eighth Amendment); Walker v. Gomez, 370 F.3d 969, 973 (9th Cir. 2004) (there is no Fourteenth Amendment liberty or property interest in prison employment); Hoptowit v. Ray, 682 F.2d 1237, 1256 (9th Cir. 1982) ( [M]isclassification does not itself inflict pain within the meaning of the Eighth Amendment. ). The district court also properly dismissed Barno s due process claim because the alleged classification error did not result in any deprivations or changes in the conditions of confinement that constituted an atypical and significant hardship . . . in relation to the ordinary incidents of prison life so as to give rise to a protected liberty interest. Sandin v. Conner, 515 U.S. 472, 484 (1995); Neal v. Shimoda, 131 2 09-55646 F.3d 818, 827-28 (9th Cir. 1997) (inmate s sex offender classification implicated a liberty interest only because applicable regulations required that sex offenders participate in a mandatory treatment program before being eligible for parole). Barno s request to vacate his expedited motion for an order requiring prison officials to return legal documents is granted. In response to his voluminous letters requesting a copy of the docket report confirming receipt of his reply brief, we note that Barno s reply brief was filed and considered. Barno s remaining contentions are unpersuasive. AFFIRMED. 3 09-55646
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