Woodworth

Woodworth v. United States

Good Law
44 F. App'x 112
United States Court of Appeals for the Ninth CircuitJuly 30, 2002No. 01-56377; D.C. No. CV-00-07453-CASCalifornia218 words

Opinion

Lead Opinion

MEMORANDUM **

Murray A. Woodworth, a federal prisoner, appeals pro se the district court’s dismissal of his action alleging a work-related injury, removal from his UNICOR job, and transfer to a lower-paying job in the prison. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam), and affirm.

We agree with the district court that 18 U.S.C. § 4126 is Woodworth’s exclusive remedy for exposure to toxic chemicals while working at a prison job. See United States v. Demko, 385 U.S. 149, 152-53 , 87 S.Ct. 382 , 17 L.Ed.2d 258 (1966); Vander v. U.S. Dep’t of Justice, 268 F.3d 661, 663 (9th Cir.2001).

The district court properly dismissed Woodworth’s claims concerning removal from his UNICOR job and transfer to a lower-paying position because he has neither a liberty nor a property interest in his prison job. See Sandin v. Conner, 515 U.S. 472, 483-84 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995); Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as…

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