FILED
NOT FOR PUBLICATION MAY 03 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
WADE THORNTON, No. 09-15418
Plaintiff - Appellant, D.C. No. 2:08-cv-01260-WBS-
CMK
v.
ARNOLD SCHWARZENEGGER; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
William B. Shubb, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
California state prisoner Wade Thornton appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action seeking to prevent his
transfer to an out-of-state prison. We have jurisdiction under 28 U.S.C. § 1291.
*
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).
We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We
affirm.
The district court properly dismissed Thornton’s claim that California Penal
Code § 11191 vests him with a state-created liberty interest in avoiding an
involuntary transfer to an out-of-state prison because the statute has been revised to
delete the requirement that such transfers be voluntary. See Toussaint v.
McCarthy, 801 F.2d 1080, 1092 (9th Cir. 1986) (a state-created liberty interest
ceases to exist if the state repeals the statute or eliminates the regulation creating
the liberty interest), abrogated in part on other grounds by Sandin v. Conner, 515
U.S. 472 (1995).
Thornton’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-15418