Ekmanis

MEMORANDUM **

Ingmar R. Ekmanis, an Arizona state prisoner, appeals pro se the district court’s summary judgment dismissing his constitutional challenge to Arizona’s statutory scheme that allows inmates serving consecutive sentences for offenses committed before January 1, 1994 to take advantage only of earned release credits accumulated during the last of their consecutive sentences. We have jurisdiction under 28 U.S.C. § 1291 . After de novo review, Webber v. Crabtree, 158 F.3d 460, 461 (9th Cir.1998) (per curiam), we affirm.

This court has held that no equal protection or due process violation arises from sentencing one group of prisoners under one statutory scheme and sentencing a later group of prisoners under a different statutory scheme. See McQueary v. Blod-gett, 924 F.2d 829, 833-34 (9th Cir.1991). Accordingly, the district court properly granted summary judgment on Ekmanis’s claim that it is unconstitutional to apply the pre-1993 version of Ariz.Rev.Stat. § 41-1604.07 — renumbered in 1993 as § 41-1604.10 — to prisoners who committed their offenses before January 1, 1994, and the current version of Aeiz.Rev.Stat. § 41-1604.07 to prisoners who committed offenses on or…