97 S. Ct. 274, 279 n. 9, 50 L. Ed. 2d 236 (1976)). Moreover, although a liberty interest in a particular security classification can be granted by state law or official public policy, no such interest exists in Illinois. Id. We held in Larson that since there could be no liberty interest in an Illinois prisoner's security classification, any actions affecting that classification could not be subject to challenge under 42 U.S.C. § 1983. Id. at 4. Accordingly, we dismissed Larson's claim as frivolous under 28 U.S.C. § 1915(d). Id.
Similarly, Siddiqi brought his complaint here alleging that the defendants improperly upgraded, or declined to reduce, his security classification and that such action constituted a violation of his civil rights. Although in Larson the plaintiff alleged that the defendant used improper information as the basis for the classification change, and in the present case Siddiqi alleges improper motivation, such a distinction is of no consequence. The fact remains that in Illinois a prisoner has no liberty interest in his security classification and therefore no action pertaining to that classification can be maintained under 42 U.S.C. § 1983. See id.
The Seventh Circuit has held that sua sponte dismissal of a pro se, in forma pauperis complaint is appropriate only when the complaint is frivolous or malicious within the meaning of 28 U.S.C. § 1915(d). Williams v. Faulkner, 837 F.2d 304, 306 (1988), aff'd, 490 U.S. 319, 109 S. Ct. 1827, 104 L. Ed. 2d 338 (1989). The court held that a more lenient standard than that used to dismiss under Fed. R. Civ. P. 12(b)(6) must be employed when considering whether to dismiss a claim as frivolous under § 1915(d). Id. at 307. In order for a sua sponte dismissal under § 1915(d) to be proper it must be clear that the plaintiff "can make no rational argument in law or fact to support his or her claim for relief." Id.
In the Williams case, the Seventh Circuit applied this doctrine to a factual scenario analogous to that alleged by Siddiqi. Williams was an inmate who alleged that his civil rights had been violated when he was transferred to a less desirable cellhouse. Id. at 305. The court held that prisoners had no liberty interest in remaining in any particular wing of a prison. Id. at 309. The court held that since there was no liberty interest, the district court's sua sponte dismissal under 28 U.S.C. § 1915(d) was proper. Id.
Siddiqi, similarly, has asserted liberty interest that simply does not exist. Accordingly, we find that Siddiqi can make no rational argument in law or fact to support a claim under 42 U.S.C. § 1983, and we hereby dismiss the action as frivolous under § 28 U.S.C. § 1915(d). It is so ordered.