Rodney Garrott v. Pat Glebe

MEMORANDUM

Washington state prisoner Rodney Gar-rott appeals the district court’s denial of his habeas corpus petition. Garrott alleges that a Department of Corrections official falsely accused him of prison infractions, resulting in a loss of Earned Release Time (ERT) without due process of law. The Washington Supreme Court found that Garrott’s loss of ERT was not the result of disciplinary proceedings, and that he had received the limited due process to which he was entitled under Washington state law. The district court denied Gar-rott’s petition and dismissed the action. This court granted a limited certificate of appealability to consider (1) whether Wash. Rev.Code §§ 72.09.130 and 9.94A.729 create a protected liberty interest in the eligibility to earn early release credits, and (2) whether appellant received due process. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253 and we affirm the district court’s denial of habeas relief.

1.Although a district court’s denial of a habeas petition is reviewed de novo, Hernandez v. Holland, 750 F.3d 843, 852 (9th Cir.2014), cert. denied sub nom. Hernandez v. Biter, — U.S. -, 135 S.Ct. 253 , 190 L.Ed.2d 187 (2014), the…