Lawrence George Hash v. C. Williams;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LAWRENCE GEORGE HASH,
Plaintiff - Appellant,
v.
C. WILLIAMS; et al.,
Defendants - Appellees.
No. 12-16316
D.C. No. 3:11-cv-00034-CRB
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Lawrence George Hash, a California state prisoner, appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging due
process violations in connection with a prison disciplinary hearing. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391
FILED
OCT 9 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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F.3d 1051, 1056 (9th Cir. 2004). We affirm.
The district court properly granted summary judgment because Hash failed
to raise a genuine dispute of material fact as to whether he was improperly denied
procedural protections during his disciplinary hearing. See Superintendent v. Hill,
472 U.S. 445, 454-55 (1985) (setting forth due process requirements in prison
disciplinary proceedings).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).
Hash’s contention regarding the alleged denial of a mental health evaluation
is unpersuasive.
Hash’s opposed motion for judicial notice, filed on April 16, 2013, is denied
as unnecessary.
We grant defendants’ motion to strike Hash’s Fed. R. App. P. 28(j) letter,
filed on August 14, 2013, because Hash attached evidence that was not part of the
district court record.
AFFIRMED.
12-16316 2

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