Timothy Johnson v. Jim Gibbons

474 F. App'x 585

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 11, 2012
• Docket: 10-17530
• Status: Unpublished

Opinion

MEMORANDUM **

Timothy H. Johnson, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the deduction of room and board costs from his prison wages violated his due process rights. 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 Johnson’s action because the deductions were effected by a valid act of the Nevada legislature, and the legislative process satisfies the requirements of procedural due process. See Nev.Rev.Stat. § 209.461(l)(b) (deductions from prison wages, pursuant to Nev.Rev.Stat. § 209.463, is a condition of employment); Nev.Rev.Stat. § 209.463(l)(e) (authorizing deductions to “offset the cost of maintaining the offender in the institution”); Halverson v. Skagit County, 42 F.3d 1257, 1261 (9th Cir.1994) (“[Governmental decisions which affect large areas and are not directed at one or a few individuals do not give rise to the constitutional procedural due process requirements of individual notice and hearing; general notice as provided by law is sufficient.”).

Johnson’s remaining contentions, including those regarding legislative intent, are unpersuasive.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.