
    Kevin C. WATERS, Petitioner-Appellant, v. J.T. MARSHALL, Warden, Respondent-Appellee.
    No. 07-56733.
    United States Court of Appeals, Ninth Circuit.
    
      Submitted May 25, 2010.
    
    Filed June 14, 2010.
    Kevin C. Waters, San Luis Obispo, CA, pro se.
    Charles Chung, Esq., AGCA-Office of the California Attorney General, Los An-geles, CA, for Respondent-Appellee.
    Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

California state prisoner Kevin C. Waters appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Waters contends that prison officials violated his due process rights by placing a criminal complaint, containing over 100 pages of drug related documents, in his central file. This claim is not cognizable because Waters has failed to show that the removal of the document from his file is likely to impact the duration of his confinement. See Wilkinson v. Dotson, 544 U.S. 74, 81, 125 S.Ct. 1242, 161 L.Ed.2d 253 (2005); see also Ramirez v. Galaza, 334 F.3d 850, 858-59 (9th Cir.2003).

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     
      
      . We certify for appeal, on our own motion, the issue of whether the inclusion of a criminal complaint in Waters’ central file violated due process.
     