859 F2d 924 Conn v. Stamps Cpo Aspc-F

859 F.2d 924

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Jerry Michael CONN, Plaintiff-Appellant,
v.
Jimmy STAMPS, CPO at ASPC-F, Defendant-Appellee.

No. 87-1622.

United States Court of Appeals, Ninth Circuit.

Submitted March 21, 1988.*
Decided Sept. 21, 1988.

Before FLETCHER, PREGERSON and CANBY, Circuit Judges.


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1

MEMORANDUM**

2

Jerry M. Conn, an Arizona state prisoner, appeals the district court's dismissal of his 42 U.S.C. Sec. 1983 action for failure to state a claim upon which relief can be granted. Conn alleges that, after an Institutional Classification Committee held a hearing and indicated that it would reduce Conn's custody to medium security, the Committee Chairman Jimmy Stamps, a prison official, changed his mind and caused the Committee to deny the reclassification. Conn contends that this reversal of position violated his right to due process of law. Conn's claim fails because he has no protected liberty interest arising under federal or Arizona state law as to a choice of prison or as to a particular custody classification. Olim v. Wakinekona, 461 U.S. 238, 245-48 (1983); Ariz.Rev.Stat.Ann. Sec. 41-1604(B)(2)(e) (Supp.1987); Lawrence v. Arizona Dep't of Corrections, 151 Ariz. 599, 600, 729 P.2d 953, 954 (Ariz.Ct.App.1986). The district court therefore rightly dismissed his action for failure to state a claim upon which relief can be granted.

3

Conn's other claim, that Stamp's change of decision entitles Conn to a new hearing, has previously been decided adversely to Conn. See Conn v. Heliotes, Memorandum Disposition No. 86-2596, Feb. 1, 1988. The claim is therefore res judicata and may not be relitigated. American Fabrics, Inc., v. L & L Textiles, Inc., 754 F.2d 1524, 1529 (9th Cir.1985). The judgment of the district court is AFFIRMED.

*

The panel unanimously finds this case suitable for decision without argument pursuant to 9th Cir.R. 34-4 and Fed.R.App.P. 34(a)

**

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 Cir.R. 36-3