UNITED STATES COURT OF APPEALS

Filed 10/8/96

TENTH CIRCUIT

GEORGE WRIGHT SMITH JR.,

Plaintiff - Appellant,

vs.

OKLAHOMA DEPARTMENT OF

CORRECTIONS, Corporate Entity;

LARRY A. FIELDS, Director of the

Oklahoma Department of Corrections;

BOBBY BOONE, Warden of Mack H.

Alford Correctional Center; HUCK

NELSON, Security Captain, Mack H.

Alford Correctional Center; CHARLES

CALLICOAT, Business Manager, Mack

H. Alford Correctional Center; JIM

WESTBROOK, Coordinator, Oklahoma

State Industries; RON JACKSON,

Supervisor, Oklahoma State Industries;

DON POLK, Oklahoma State Industries;

OKLAHOMA STATE INDUSTRIES,

Corporate Entity; DARRELL ALTON,

Warden’s Assistant, Mack H. Alford

Correctional Center; JAMES WALLACE,

Unit Manager, Mack H. Alford

Correctional Center; PAUL WILLIAMS,

Correctional Counselor, Mack H. Alford

Correctional Center; VALERIE COUCH,

Case Manager, Mack H. Alford

Correctional Center; K. J. BARTON,

Correctional Counselor, Mack H. Alford

Correctional Center; IRVIN POOLE,

Case Manager, Mack H. Alford

Correctional Center,

Defendants - Appellees.

 

No. 96-7035

(D.C. No. CV-93-281)

(E.D. Okla.)
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the

citation of orders and judgments; nevertheless, an order and judgment may be cited under

the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate record, this three-judge panel has

determined unanimously that oral argument would not be of material assistance in the

determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is

therefore ordered submitted without oral argument.

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ORDER AND JUDGMENT*

Before SEYMOUR, Chief Judge, KELLY and LUCERO, Circuit Judges.**

George Wright Smith Jr., appearing pro se and in forma pauperis, appeals from the

district court’s grant of summary judgment in favor of the Defendants. Mr. Smith

brought this suit under the United States Constitution and 42 U.S.C. § 1983, alleging that

the Defendants violated his right to due process and conspired against him in retaliation

for having filed a previous lawsuit. He claims that this conspiracy resulted in the

termination of his employment at the Oklahoma State Industries furniture factory, a

position which, if performed satisfactorily, would generate good time credit of two days

for each day worked. Mr. Smith was reassigned to the Captain’s Yard Crew, which

allowed him to earn one day of good time credit for each day worked.

Contrary to Mr. Smith’s argument, the Oklahoma statute creating good time credits

does not bestow upon inmates a property or liberty interest in the opportunity to earn
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those credits. Williams v. Meese, 926 F.2d 994, 998 (10th Cir. 1991); Ingram v. Papalia,

804 F.2d 595, 596-97 (10th Cir. 1986); Twyman v. Crisp, 584 F.2d 352, 356 (10th Cir.

1978). The district court properly granted summary judgment on Mr. Smith’s retaliation

claim for lack of a factual basis.

Mr. Smith also raises two additional issues for the first time in this appeal. He

argues that he should have been paroled from his first sentence and that consequently he

should now be serving his second sentence. He also argues that he should be serving his

two sentences concurrently instead of consecutively. Review of the record indicates that

these issues were not raised below. We will not consider on appeal issues that were not

raised before the district court. Olguin v. Lucero, 87 F.3d 401, 405 (10th Cir. 1996),

petition for cert. filed, (U.S. Sept. 6, 1996) (No. 96-5886); Walker v. Mather (In re

Walker), 959 F.2d 894, 896 (10th Cir. 1992).

AFFIRMED. The mandate shall issue forthwith.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge