Todd Weeks v. Nolan Espinda

441 F. App'x 467

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 30, 2011
• Docket: 10-15947
• Status: Unpublished

Opinion

MEMORANDUM **

Todd Brewer Weeks, a Hawaii state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal of a complaint under 28 U.S.C. § 1915(A) for failure to state a claim. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

The district court properly dismissed Weeks’s due process claim because Hawaii law does not create a liberty interest in the state’s furlough program. See Olim v. Wakinekona, 461 U.S. 238, 249, 103 S.Ct. 1741, 75 L.Ed.2d 813 (1983); Haw.Rev. Stat. § 353-17.

We will not consider Weeks’s other claims because they are raised for the first time on appeal. See Int’l Union of Bricklayers & Allied Craftsman Local Union No. 20 v. Martin Jaska, Inc., 752 F.2d 1401, 1404 (9th Cir.1985).

Weeks’s remaining contentions are unpersuasive.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.