FILED NOT FOR PUBLICATION JAN 14 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MICHAEL W. AUGUST, No. 07-16844

Plaintiff - Appellee, D.C. No. CV-06-01721- LKK/CMK v.

JOHN DOVEY, Director of Adult MEMORANDUM * Institutions; JAMES E. TILTON, Secretary of the CDCR; MARTIN VEAL, Warden; J. MARTINEZ, Captain; P. MIRICH, Lt.; M. CRY, Appeals Coordinator; S. MORENO, Associate Warden; K. CARROLL, Sergeant,

Defendants - Appellants.

Appeal from the United States District Court for the Eastern District of California Lawrence K. Karlton, Senior District Judge, Presiding

Submitted January 12, 2011 ** San Francisco, California

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). page 2

Before: KOZINSKI, Chief Judge, NOONAN and SILVERMAN, Circuit Judges.

August doesn’t allege any condition that enhanced his sentence in “such an

unexpected manner as to give rise to protection by the Due Process Clause of its

own force,” or imposed an “atypical and significant hardship on the inmate in

relation to the ordinary incidents of prison life.” Ghana v. Pearce, 159 F.3d 1206, 1209 (9th Cir. 1998) (quoting Sandin v. Conner, 515 U.S. 472, 484 (1995)). His

due process claim therefore fails.

REVERSED.