BLAIR BEY v. IOWA STG STG (2018)

[Unpublished]

Iowa inmate James Blair-Bey appeals after the District Court ¹ dismissed his 42 U.S.C. § 1983 complaint preservice under 28 U.S.C. § 1915A. In his complaint, Blair-Bey asserted an access-to-courts claim, an equal protection claim, and due process claims, including a claim that he was wrongfully classified as a member of a “security threat group.”

After de novo review, we conclude that dismissal was proper. See Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam) (standard of review); see also Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (noting that under Rule 8 of the Federal Rules of Civil Procedure, a complaint must contain sufficient facts to “state a claim to relief that is plausible on its face”); Moody v. Daggett, 429 U.S. 78, 88 n.9, 97 S.Ct. 274, 50 L.Ed.2d 236 (1976) (noting there is no due process protection for prisoner classification); Ballinger v. Cedar Cty., 810 F.3d 557, 562–63 (8th Cir. 2016) (discussing elements of a prisoner due process claim); Bear v. Fayram, 650 F.3d 1120, 1122–23 (8th Cir. 2011) (discussing elements of an access-to-courts claim); Patel v. U.S. Bureau of Prisons, 515 F.3d 807, 815 (8th Cir. 2008) (discussing elements of a prisoner equal protection claim).

We affirm the judgment of the District Court.

FOOTNOTES

1.   The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa.

PER CURIAM.