Alejandro O. Lopez, Plaintiff-appellant, v. Samuel Lewis, Defendant-appellee, 46 F.3d 1142 (9th Cir. 1995)

MEMORANDUM^** 

Alejandro O. Lopez appeals pro se the district court's Fed. R. Civ. P. 12(b) (6) dismissal for failure to state a claim in his 42 U.S.C. § 1983 action, alleging that prison officials violated his constitutional rights when they failed to assign him to a prison job. There is no constitutional right to a job in prison. See Toussaint v. McCarthy, 801 F.2d 1080, 1094-95 (9th Cir. 1986), cert. denied, 481 U.S. 1069 (1987). Because under Arizona law the employment of prisoners is left to the discretion of prison officials, Ariz. Rev. Stat. Ann. Sec. 31-251, Lopez does not have a constitutionally protected liberty interest in a prison job, see Baumann v. Arizona Dep't of Corrections, 754 F.2d 841, 845 (9th Cir. 1985). Accordingly, the district court's dismissal is

AFFIRMED.