McIntyre

MEMORANDUM ***

Jerry Dempsey McIntyre appeals from the district court’s grant of summary judgment to defendant on his claim that Nevada Revised Statute § 209.463 unconstitutionally authorizes deprivation of McIntyre’s property without due process of law. 1 The facts and prior proceedings are known to the parties, and are restated herein only as necessary.

I

Section 209.463(l)(a)(l) of the Nevada Revised Statutes authorizes the director of the Nevada Department of Prisons (“NDOP”) to “make ... deductions from the wages earned by an offender from any source during his incarceration ... for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.”

In order to state a due process claim, McIntyre must first allege that he has “a liberty or property interest protected by the constitution.” Wright v. Riveland, 219 F.3d 905, 913 (9th Cir.2000). We have noted, however, that prisoners do not have a constitutional right to prison employment. See Vignolo v. Miller, 120 F.3d *675 1075, 1077 (9th Cir.1997); Toussaint v. McCarthy, 801 F.2d 1080, 1094-95 (9th Cir.1986); Rizzo v. Dawson, 778 F.2d 527, 531 (9th Cir.1985). Because McIntyre has no right to…