Michael D. Kelley v. Colett S. Peters, being sued in her individual capacity;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL D. KELLEY,
Plaintiff-Appellant,
v.
COLETT S. PETERS, being sued in her
individual capacity; et al.,
Defendants-Appellees.
No. 18-35395
D.C. No. 6:16-cv-02400-AC
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, Chief Judge, Presiding
Submitted January 2, 2019**
Before: TROTT, SILVERMAN, and TALLMAN, Circuit Judges.
Michael D. Kelley, an Oregon 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 his confinement in administrative segregation. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo. Guatay Christian
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 4 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-35395
Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011). We affirm.
The district court properly granted summary judgment for defendants
because Kelley failed to raise a genuine dispute of material fact as to whether
defendants provided insufficient notice of the reasons for retaining him in
administrative segregation, or as to whether the “some evidence” standard was
met. See Bruce v. Ylst, 351 F.3d 1283, 1287 – 88 (9th Cir. 2003) (explaining that
due process claims based on administrative segregation are subject to the “some
evidence” standard); Toussaint v. McCarthy, 926 F.2d 800, 803 (9th Cir. 1990)
(discussing “indicia of reliability” of evidence); Toussaint v. McCarthy, 801 F.2d
1080, 1100 – 1101 (9th Cir. 1986), abrogated in part on other grounds by Sandin
v. Conner, 515 U.S. 472 (1995) (describing due process notice and hearing
requirements in the administrative segregation context).
AFFIRMED.

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