Alvin Ray Quarles v. A. Kane, Warden J. Woodford, Director of Corrections and Rehabilitation

Alvin Ray Quarles, a California state prisoner, appeals pro se the dismissal for failure to state a claim, pursuant to 28 U.S.C. § 1915A, of his action under 42 U.S.C. § 1983 . He claims that his plea agreement and his constitutional rights were violated when, pursuant to a post-conviction amendment to CaLPenal Code § 2085.5, the amount of restitution payments deductible from his prison wages was increased to a maximum of 50% of the wages, and restitution payments were made deductible from trust accounts as well as from wages. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Quarles alleges that he was convicted in 1989. He alleges that in his plea agreement he agreed to pay restitution of $10,000, which was to be collected pursuant to section 2085.5. At that time section 2085.5 provided that “the Director of Corrections may deduct a reasonable amount not to exceed 20 percent from the wages of a prisoner.” In 1992 section 2085.5 was amended to authorize deduction of a minimum of 20% to a maximum of 50% of an inmate’s wages and deposits. Quarles alleges that in October 2003 he received a trust account statement indicating that 33% of his wages had been taken for…