MEMORANDUM ***

California state prisoner Lance Kerwin Henderson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging denial of post-conviction access to biological evidence for DNA testing. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Henderson’s claims alleging that Henderson was denied post-conviction access to biological evidence for DNA testing because he failed to allege sufficient facts to state a viable due process claim. See Dist. Attorney’s Office for Third Judicial Dist. v. Osborne, 557 U.S. 52, 69-72, 129 S.Ct. 2308, 174 L.Ed.2d 38 (2009) (holding that plaintiff had no viable procedural due process claim because state’s procedures for post-conviction relief did not transgress recognized principles of fundamental fairness, and that there was no substantive due process right to post-conviction access to DNA evidence).

AFFIRMED.