Waters v. Marshall , 383 F. App'x 697 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 14 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KEVIN C. WATERS, No. 07-56733
Petitioner - Appellant, D.C. No. CV-06-08006-ABC
v.
MEMORANDUM *
J. T. MARSHALL, Warden,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, Chief District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
California state prisoner Kevin C. Waters appeals pro se from the district
court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
*
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).
jurisdiction under 28 U.S.C. § 2253,1 and we affirm.
Waters contends that prison officials violated his due process rights by
placing a criminal complaint, containing over 100 pages of drug related
documents, in his central file. This claim is not cognizable because Waters has
failed to show that the removal of the document from his file is likely to impact the
duration of his confinement. See Wilkinson v. Dotson, 544 U.S. 74, 81 (2005); see
also Ramirez v. Galaza, 334 F.3d 850, 858-59 (9th Cir. 2003).
AFFIRMED.
1
We certify for appeal, on our own motion, the issue of whether the
inclusion of a criminal complaint in Waters’ central file violated due process.
2 07-56733