Unpublished Disposition, 889 F.2d 1095 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 889 F.2d 1095 (9th Cir. 1989)

Michael J. LISKA, Plaintiff-Appellant,v.Samuel LEWIS; J.C. Kenney; William Gaspar; Roger Crist,Defendants-Appellees.

No. 88-15341.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 25, 1989.* Decided Nov. 16, 1989.

Before ALARCON, O'SCANNLAIN and LEAVY, Circuit Judges.


To state a claim under 42 U.S.C. § 1983, a plaintiff must allege a violation of some right, privilege, or immunity secured by the Constitution or laws of the United States. Parratt v. Taylor, 451 U.S. 527, 535 (1981).

The decision of the prison administrators not to permit prisoners to have personal computers in their cells does not begin to rise to the level of a Constitutional violation. Such a refusal is well within the discretion of the administrators. This court gives wide deference to prison administrators in the day-to-day operations of a prison facility. Bell v. Wolfish, 441 U.S. 520 (1979).

Moreover, the district court correctly dismissed the action. A district judge may dismiss a prisoner's civil rights complaint with prejudice where it is apparent that amendment cannot cure the deficiency. Hernandez v. Denton, 861 F.2d 1421, 1432 (9th Cir. 1988) (citing Potter v. McCall, 433 F.2d 1087, 1088 (9th Cir. 1970)).



The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3