Todd Weeks v. Nolan Espinda
Todd Weeks v. Nolan Espinda
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.