Lafaele v. Smith
Lafaele v. Smith
Opinion of the Court
MEMORANDUM
Tovia LaFaele, a California state prisoner, appeals pro se the judgment of the district court dismissing his civil rights action pursuant to the Prison Litigation Reform Act, 28 U.S.C. § 1915A(b)(1), for failure to state a claim upon which relief may be granted. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and we affirm.
The district court properly concluded that LaFaele’s amended complaint failed to state an actionable claim. Prisoners have no liberty or property interest in a particular prison classification. See Neal v. Shimoda, 131 F.3d 818, 827-28 (9th Cir. 1997) (citing Moody v. Daggett, 429 U.S. 78, 87 n. 9, 97 S.Ct. 274, 50 L.Ed.2d
We deny LaFaele’s motion for appointment of counsel because he has not presented exceptional circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991).
We reject LaFaele’s remaining contentions.
AFFIRMED.
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.
Reference
- Full Case Name
- Tovia LAFAELE, Plaintiff—Appellant v. D.L. SMITH, Defendant—Appellee
- Status
- Published