ALFREDO ROMAN V. RANDY BLADES, No. 16-35575 (9th Cir. 2018)
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FILED NOT FOR PUBLICATION JAN 19 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT ALFREDO ROMAN, U.S. COURT OF APPEALS No. 16-35575 Plaintiff-Appellant, D.C. No. 1:15-cv-00241-BLW v. MEMORANDUM* RANDY BLADES, Warden, Sued in their individual and official capacity and their successors in office; BRIAN KINGENSMITH, Sued in their individual and official capacity and their successors in office, Defendants-Appellees. Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief Judge, Presiding Submitted January 16, 2018** Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges. Alfredo Roman, an Idaho state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). claims arising from a disciplinary hearing. We have jurisdiction under 28 U.S.C. § 1291. We review de novo dismissal under 28 U.S.C. § 1915A. Nordstrom v. Ryan, 762 F.3d 903, 908 (9th Cir. 2014). We affirm. The district court properly dismissed Roman’s due process claim regarding the payment of restitution because Roman failed to allege facts sufficient to show that he was not provided with an adequate pre-deprivation hearing under Mathews v. Eldridge, 424 U.S. 319 (1976). See Shinault v. Hawks, 782 F.3d 1053, 1057 (9th Cir. 2015) (noting that inmate’s account funds are a protected property interest and describing the Mathews balancing test to determine “whether a pre-deprivation hearing is required and what specific procedures must be employed at that hearing given the particularities of the deprivation”). The district court properly dismissed Roman’s due process claims arising from his placement in disciplinary and administrative segregation because Roman failed to allege facts sufficient to show a protected liberty interest or an “atypical and significant hardship.” Sandin v. Conner, 515 U.S. 472, 483-85 (1995) (a prisoner has no protected liberty interest when the sanction imposed neither extends the length of his sentence nor imposes an “atypical and significant hardship”); Serrano v. Francis, 345 F.3d 1071, 1077-78 (9th Cir. 2003) (due process procedural protections “adhere only when the disciplinary action implicates a protected liberty interest”). 2 16-35575 We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). AFFIRMED. 3 16-35575
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