Sylvia Martinez v. Susan Poole, Warden

995 F.2d 232 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sylvia MARTINEZ, Petitioner-Appellee, v. Susan POOLE, Warden, Respondents-Appellants. No. 93-56184. United States Court of Appeals, Ninth Circuit. Submitted May 13, 1993. * Decided May 26, 1993. Before: BROWNING, CHOY and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 The parties are familiar with the facts and issues, and we will not restate them here. I. Equal Protection 3 Martinez was not denied equal protection when the Department of Corrections refused to give her waiver retroactive effect; the Department's policy of granting retroactive effect to waivers only when a prisoner has not had an opportunity to sign the waiver form is rationally related to the Department's interest in administering the waiver process in an orderly and efficient manner. Martinez was given the same opportunity as other similarly situated inmates to sign a waiver. See Kalka v. Vasquez, 867 F.2d 546, 547 (9th Cir.1989). 4 To the extent…