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Melby v. Morgan — memorandum opinion, Doc. 26

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Case 3:22-cv-00134-JAG-MRC Document 26 Filed 12/22/22 Page 11 of 12 PagelD# 140 B. Claim Six (b) In Claim Six (6), Melby contends that Defendant Chandler violated his right to due process,'? when she “responded to a grievance that was about her actions which is a substantial conflict of interest.” (ECF No. 23, at 12.) Melby’s claim is devoid of any facts that would suggest a violation of his rights. It is unclear what exactly Melby complained about in the grievance, and beyond Melby’s mere opinion that Defendant Chandler’s response was a conflict of interest, he fails to allege facts that would suggest a violation of his due process rights occurred. Additionally, “inmates have no constitutional entitlement or due process interest in access to a grievance procedure. An inmate thus cannot bring a § 1983 claim alleging denial of a specific grievance process...” Booker v. S.C. Dep't of Corr., 855 F.3d 533, 541 (4th Cir. 2017); see Adams v. Rice, 40 F.3d 72, 75 (4th Cir. 1994) (“[T]he Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.”). In sum, Melby fails to allege facts that would plausibly indicate that Defendant Chandler violated his right to due process. Accordingly, Claim Six (b) will be DISMISSED for failure to state a claim upon which relief may be granted. VII. CONCLUSION The claims against Defendants Armstrong, Morgan, Vergakis, Walker, Hughes, and Petitfere will be DISMISSED WITHOUT PREJUDICE. Claims One through Four, Six (a) and (c), Seven, and Eight will be DISMISSED WITHOUT PREJUDICE because they are improperly joined. Claims Five and Six (b) will be DISMISSED for failure to state a claim and as legally frivolous. The action will be DISMISSED. The Clerk will be DIRECTED to note the disposition of the action for purposes of 28 U.S.C. § 1915(g). '0 “No State shall . . . deprive any person of life, liberty, or property, without due process oflaw....” U.S. Const. amend. XIV, § 1. Il
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