Sylvia Martinez, Petitioner-appellee, v. Susan Poole, Warden, Respondents-appellants, 995 F.2d 232 (9th Cir. 1993)

MEMORANDUM^** 

The parties are familiar with the facts and issues, and we will not restate them here.

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).

To the extent Martinez asserts a claim based on Brodheim v. Rowland, 783 F. Supp. 1245 (N.D. Cal. 1991), her claim is foreclosed by In re Singer, 13 Cal. App. 4th 1755, 17 Cal. Rptr. 2d 395 (1993). See Brodheim v. Rowland, No. 91-16586, slip op. 5323 (9th Cir. May 24, 1993).

Assuming Martinez had a liberty interest in signing a waiver and becoming eligible for § 2933 work credits, the state granted her a hearing, a written statement of the reasons her request for retroactivity was denied, and both administrative and judicial review of the decision. There was ample evidence that Martinez's failure to sign the waiver earlier was due to her own delay and was not attributable to the state. Superintendent v. Hill, 472 U.S. 445, 455-56 (1985).

Affirmed.