Daniel W. Womack v. N. Grannis;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DANIEL W. WOMACK,
Plaintiff - Appellant,
v.
N. GRANNIS; et al.,
Defendants - Appellees.
No. 10-17952
D.C. No. 1:09-cv-01241-LJO-
GBC
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted September 27, 2011**
Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges.
California state prisoner Daniel W. Womak appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process and
equal protection claims. We have jurisdiction under 28 U.S.C. § 1291. We review
de novo a dismissal under 28 U.S.C. § 1915(e)(2), Huftile v. Miccio-Fonseca, 410
FILED
OCT 11 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-17952 2
F.3d 1136, 1138 (9th Cir. 2005), and we affirm.
The district court properly dismissed Womak’s due process claim because
his good time credits had been restored, and Womak’s other allegations did not
give rise to a constitutionally protected liberty or property interest. See Sandin v.
Conner, 515 U.S. 472, 484 (1995) (requiring “atypical and significant hardship on
the inmate in relation to the ordinary incidents of prison life” or a restraint that
exceeds the prisoner’s sentence in “an unexpected manner” to state a liberty
interest); Walker v. Gomez, 370 F.3d 969, 973 (9th Cir. 2004) (there is no
Fourteenth Amendment liberty or property interest in prison employment).
The district court properly dismissed Womak’s equal protection claim
because Womak failed to allege facts suggesting that he was intentionally treated
differently from similarly situated inmates. See Thornton v. City of St. Helens, 425
F.3d 1158, 1166-67 (9th Cir. 2005).
AFFIRMED.

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