FILED
NOT FOR PUBLICATION JUN 09 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KURT WASHINGTON, No. 09-16541
Petitioner - Appellant, D.C. No. 1:08-cv-00431-LJO
v.
MEMORANDUM *
JAMES A YATES,
Respondent - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
California state prisoner Kurt Washington appeals pro se from the district
court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition challenging the
loss of work-time credits following a prison disciplinary proceeding. We dismiss.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Washington contends that the 30-day loss of work-time credits assessed
following his prison disciplinary conviction violated his constitutional rights.
After briefing was completed in this case, this court held that a certificate of
appealability is required to challenge an administrative decision. See Hayward v.
Marshall, 603 F.3d 546, 554-55 (9th Cir. 2010) (en banc). Because Washington
has not has made a substantial showing of the denial of a constitutional right, we
decline to certify his claims. See 28 U.S.C. § 2253(c).
All pending motions are denied as moot.
DISMISSED.
2 09-16541