United States Court of Appeals, Ninth CircuitMar 26, 2010
372 Fed. Appx. 733 (9th Cir. 2010)

No. 07-15589.

Submitted March 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed March 26, 2010.

Earnest C. Woods, II, Soledad, CA, pro se.

Jennifer A. Neill, Esq., AGCA — Office of the California Attorney General, Sacramento, CA, for Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of California, Lawrence K. Karlton, District Judge, Presiding. D.C. No. CV-04-02245-LKK.

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.


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

California state prisoner Earnest Cassell Woods, II appeals pro se from the district court's judgment dismissing his 28 U.S.C. § 2254 habeas petition challenging a prison disciplinary proceeding. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Woods contends that the district court erred by dismissing his petition for lack of jurisdiction. This contention lacks merit because Woods has not demonstrated that the expungement of his disciplinary violation is likely to accelerate his release from prison. See Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003).