Prisoners have “no constitutional right to a particular classification or to earn credits.” Hernandez v. Adams, No. 1:08-cv-00254 LJO MJS HC, 2010 WL 5071131, at *4 (E.D. Cal. Dec. 7, 2010); Hernandez v. Johnston, 833 F.2d 1316, 1318 (9th Cir. 1987); see also Moody v. Daggett, 429 U.S. 78, 88 n. 9 (1976) (Due Process Clause not implicated by federal prisoner classification and eligibility for rehabilitative programs, even where inmate suffers “grievous loss”).
Prisoners have “no constitutional right to a particular classification or to earn credits.” Hernandez v. Adams, No. 1:08-cv-00254 LJO MJS HC, 2010 WL 5071131, at *4 (E.D. Cal. Dec. 7, 2010); Hernandez v. Johnston, 833 F.2d 1316, 1318 (9th Cir. 1987); see also Moody v. Daggett, 429 U.S. 78, 88 n. 9 (1976) (Due Process Clause not implicated by federal prisoner classification and eligibility for rehabilitative programs, even where inmate suffers “grievous loss”).
Further, Prisoners have “no constitutional right to a particular classification or to earn credits.” Hernandez v. Adams, No. 1:08-cv-00254 LJO MJS HC, 2010 WL 5071131, at *4 (E.D. Cal. Dec. 7, 2010). Because Plaintiff has not plausibly alleged he was deprived of “a liberty or property interest protected by the Constitution,” Wright, 219 F.3d at 913, he has not stated a claim for which § 1983 relief can be granted.
June 8, 2016) (first citing Cal. Penal Code § 2933(c) (“Credit is a privilege, not a right”); and then citing Kalka v. Vasquez, 867 F.2d 546, 547 (9th Cir. 1989) (“section 2933 does not create a constitutionally protected liberty interest”)); Touissant v. McCarthy, 801 F.2d 1080, 1095 (9th Cir. 1986) (under § 2933 “prisoners have no right to earn the one-for-one worktime credits”). Further, Prisoners have “no constitutional right to a particular classification or to earn credits.” Hernandez v. Adams, No. 1:08-cv-00254 LJO MJS HC, 2010 WL 5071131, at *4 (E.D. Cal. Dec. 7, 2010). Because Plaintiff has not plausibly alleged he was deprived of “a liberty or property interest protected by the Constitution, ” Wright, 219 F.3d at 913, he has not stated a claim for which § 1983 relief can be granted.
See, e.g., Orozco v. Silva, No. 11-cv-2663-AJB (BLM), 2012 WL 1898791 at *2 (S.D.Cal. May 23, 2012) (California has not provided prisoners with a statutory right to earn time credits); Hernandez v. Adams, No. 1:08-cv-00254 LJO MJS HC, 2010 WL 5071131 at *4 (E.D.Cal. Dec.7, 2010) ("Petitioner simply has no constitutional right to a particular classification or to earn credits."); see also York v. Gibson, No. 1:11-cv-01482-BAM-HC, 2011 WL 6780931 at *5 (E.D.Cal. Dec.27, 2011) ("It appears that Petitioner may be alleging that he has lost the opportunity to earn good time credits. However, the effect of this, if any, on the duration of his confinement is speculative."); Ellington v. Clark, No. 1:09-cv-0054-DLB PC, 2009 WL 1295781, at *6 (E.D.Cal. May 8, 2009) ("Moreover, the act of revoking time credits must be distinguished from the act of limiting a prisoner's ability to prospectively earn time credits.