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Martin v. Thompson

United States Court of Appeals, Ninth Circuit
Oct 18, 2005
145 F. App'x 613 (9th Cir. 2005)

Opinion

Submitted Oct. 11, 2005.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Ronnie S. Martin, Soledad, CA, pro se,


Appeal from the United States District Court for the Northern District of California; Jeremy Fogel, District Judge, Presiding.

Before HALL, T.G. NELSON, and TALLMAN, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Ronnie S. Martin, a California state prisoner, appeals pro se the district court's order dismissing his civil rights action pursuant to 28 U.S.C. § 1915A(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal for failure to state a claim, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Martin's claim that defendants harassed him because allegations of verbal harassment alone fail to state a cognizable claim under 42 U.S.C. § 1983. See Freeman v. Arpaio, 125 F.3d 732, 738 (9th Cir.1997)

The district court properly dismissed Martin's claim that defendants defamed him because Martin fails to allege facts that support a "loss of a recognizable property or liberty interest in conjunction with the allegation of injury to reputation." See Cooper v. Dupnik, 924 F.2d 1520, 1532 (9th Cir.1991).

The district court properly dismissed Martin's claim that defendants violated his due process rights because Martin fails to allege that the psychiatric reports affected his sentence, or otherwise deprived him of a liberty interest. See Sandin v. Conner, 515 U.S. 472, 484, 115 S.Ct. 2293,

Page 614.

132 L.Ed.2d 418 (1995) (the due process clause is implicated where changes in conditions affect the sentence imposed in an unexpected manner causing a loss of liberty).

Martin's remaining contentions lack merit.

AFFIRMED.


Summaries of

Martin v. Thompson

United States Court of Appeals, Ninth Circuit
Oct 18, 2005
145 F. App'x 613 (9th Cir. 2005)
Case details for

Martin v. Thompson

Case Details

Full title:Ronnie S. MARTIN, Plaintiff--Appellant, v. Ann THOMPSON, Dr.; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 18, 2005

Citations

145 F. App'x 613 (9th Cir. 2005)

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