Fleming v. Director of Corrections

Filing 20

ORDER by Judge Claudia Wilken denying 19 Plaintiff's motion for preliminary interim relief (scc, COURT STAFF) (Filed on 3/23/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GARY LEE FLEMING, Plaintiff, No. C 07-02338 CW (PR) ORDER ADDRESSING PENDING MOTION K. J. ALLEN, et al., Defendants. / Before the Court is Plaintiff's motion entitled, "Motion for Summary Judgment" (docket no. 19). The Court construes this motion Plaintiff requests the as a motion for preliminary interim relief. Court to prevent prison officials from placing him in administrative segregation at Salinas Valley State Prison. Mot. at 2.) Changes in conditions relating to classification and reclassification do not implicate the Due Process Clause itself. See Hernandez v. Johnston, 833 F.2d 1316, 1318 (9th Cir. 1987) (citing Moody v. Dagget, 429 U.S. 78, 88 n.9 (1976)) (no constitutional right to particular classification). California (Pl.'s prison regulations regarding custody designations do not contain substantive predicates or mandatory language requiring any specific outcome when a custody classification or reclassification is conducted. See Kentucky Dep't of Corr. v. Thompson, 490 U.S. 454, Therefore, they do not create a state-created 461-62 (1989). liberty interest implicating Plaintiff's procedural due process rights. 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Accordingly, the Court DENIES Plaintiff's motion for preliminary interim relief because there is no constitutional right to a particular classification. See Hernandez, 833 F.2d at 1318; see also Olim v. Wakinekona, 461 U.S. 238, 244-48 (1983) (no constitutional right to incarceration in a particular prison); Hoptowit v. Ray, 682 F.2d 1237, 1255-56 (9th Cir. 1982) (misclassification itself does not inflict pain so as to be cruel and unusual punishment). Plaintiff's amended complaint will be reviewed in a separate written Order. This Order terminates Docket no. 19. IT IS SO ORDERED. Dated: 3/23/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 2 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GARY LEE FLEMING, Plaintiff, v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV07-02338 CW CERTIFICATE OF SERVICE DIRECTOR OF CORRECTIONS et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 23, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Gary Lee Fleming T-29495 Salinas Valley State Prison POB 1050 Soledad, CA 93960-1030 Dated: March 23, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk 3

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