Bulger v. Bureau of Prisons, 65 F.3d 48 (5th Cir. 1995). · Go Syfert
Bulger v. Bureau of Prisons, 65 F.3d 48 (5th Cir. 1995). Cases Citing This Book View Copy Cite
135 citation events (91 in the last 25 years) across 42 distinct courts.
Strongest positive: Ellsberry v. Carter (mssd, 2023-08-22)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ellsberry v. Carter
S.D. Miss. · 2023 · quote attribution · 1 verbatim quote · confidence high
prisoner classification and eligibility for rehabilitation programs ... are not directly subject to 'due process' protections.
discussed Cited as authority (verbatim quote) Raybon v. Williamson
W.D.N.C. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
an inmate's expectation of keeping a specific prison job, or any job, does not implicate a protected property interest
discussed Cited as authority (verbatim quote) Hall v. Manning
W.D. La. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
bulger's termination from his unicor job and reassignment to a non-unicor job did not impose an atypical and significant hardship on him in relation to the ordinary incidents of prison life.
discussed Cited as authority (verbatim quote) Williams v. Nestrick
E.D. Va. · 2021 · quote attribution · 1 verbatim quote · confidence high
prisoner classification and eligibility for rehabilitation programs ... are not directly subject to 'due process' protections.
discussed Cited as authority (verbatim quote) Shirley v. Hostetter
W.D. Va. · 2020 · quote attribution · 1 verbatim quote · confidence high
courts of appeals consistently have held that an inmate's expectation of keeping a specific prison job, or any job, does not implicate a protected property interest.
discussed Cited as authority (verbatim quote) Walker v. Kanode
W.D. Va. · 2020 · quote attribution · 1 verbatim quote · confidence high
courts of appeals consistently have held that an inmate's expectation of keeping a specific prison job, or any job, does not implicate a protected property interest.
discussed Cited as authority (rule) Aaron James Brennan v. J. Sisk, et al.
W.D. Va. · 2026 · confidence medium
Backus v. Ward, No. 98-6331, 1998 WL 372377 , at *1 (4th Cir. June 8, 1998) (citing Sandin, 515 U.S. at 486–87; Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir. 1995)); see also DeWalt v. Carter, 224 F.3d 607, 613 (7th Cir. 2000); James v. Quinlan, 866 F.2d 627 , 629–30 (3d Cir. 1989).
discussed Cited as authority (rule) Birdo v. Abbott
N.D. Tex. · 2025 · confidence medium
Tex. Feb. 27, 2024) (“Prisoners generally have no constitutionally-protected property or liberty interest in participating in rehabilitation[] programs.”); Bulger v. Bureau of Prisons, 65 F.3d 48, 49 (5th Cir. 1995) (same); Madison v. Parker, 104 F.3d 765, 768 (5th Cir. 1997) (concluding that commissary and cell restrictions do not implicate due process concerns); Taylor v. Swift, 2015 WL 5834057 , at *1 (5th Cir. Oct. 7, 2015) (per curiam) (finding that loss of recreation and commissary privileges does not result in a deprivation of a liberty interest); Allums v. Phillips, 444 F. App’x …
discussed Cited as authority (rule) Harrison v. Ms. Avent
E.D. Va. · 2025 · confidence medium
Va. 1997) (prisoner did not have a protected interest in continued employment); Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50-51 (Sth Cir. 1995) (same); Coakley v. Murphy, 884 F.2d 1218, 1221 (9th Cir. 1989) (holding that inmates have no protected property interest in continuing in work- release program).
discussed Cited as authority (rule) Demmerick Brown v. Karen Stapleton
4th Cir. · 2025 · confidence medium
See Handberry v. Thompson, 446 F.3d 335 , 353 n.6 (2d Cir. 2006); Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 50 (5th Cir. 1995). 12 USCA4 Appeal: 23-6824 Doc: 72 Filed: 07/01/2025 Pg: 13 of 13 review, not of first view.” Grimmett v. Freeman, 59 F.4th 689, 696 (4th Cir. 2023) (quotation omitted).
cited Cited as authority (rule) Brown v. Ponce
E.D. Va. · 2025 · confidence medium
Backus v. Ward, No. 98-6331, 1998 WL 372377 , at *1 (4th Cir. 1998) (citing Sandin, 515 U.S. at 486-87 ; Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir. 1995)).
discussed Cited as authority (rule) Ingle v. Butler
N.D. Tex. · 2025 · confidence medium
Tex. Feb. 27, 2024) (“Prisoners generally have no constitutionally-protected property or liberty interest in participating in rehabilitation[] programs.”); Bulger v. Bureau of Prisons, 65 F.3d 48, 49 (5th Cir. 1995) (same); Madison v. Parker, 104 F.3d 765, 768 (5th Cir. 1997) (concluding that commissary and cell restrictions do not implicate due process concerns); Taylor v. Swift, 2015 WL 5834057 , at *1 (5th Cir. Oct. 7, 2015) (per curiam) (finding that loss of recreation and commissary privileges does not result in a deprivation of a liberty interest).
discussed Cited as authority (rule) Blackburn v. LeBlanc (2×) also: Cited "see"
W.D. La. · 2025 · confidence medium
See McBride v. Powers, 364 F. App’x 867, 870-71 (5th Cir. 2010) (holding that the plaintiff “failed to state a claim for violation of his equal protection or due process rights, as inmates have no constitutional right to participate in rehabilitative or educational programs while incarcerated.”); Luken v. Scott, 71 F.3d 192, 193 (5th Cir. 1995) (holding that the “loss of the opportunity to earn good-time credits” is a “speculative, collateral consequence[]” of a prison administrative decision and does “not create [a] constitutionally protected liberty interest[].”); Beck v. L…
discussed Cited as authority (rule) Scott v. Hyde
N.D. Miss. · 2024 · confidence medium
Barnes v. Cain, 544 F. App’x 483 (5th Cir. 2013) (not reported) (citing Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995)), see also Moody v. Doggett, 429 U.S. 78 , 88 n. 9, 97 S.Ct. 274 , 50 L.Ed.2d 236 (1976) (prisoner eligibility for rehabilitation programs are not subject to due process protections).
discussed Cited as authority (rule) Harrison v. Ms. Avent
E.D. Va. · 2024 · confidence medium
Va. 1997) (prisoner did not have a protected interest in continued employment); Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50-51 (Sth Cir. 1995) (same); Coakley v. Murphy, 884 F.2d 1218, 1221 (9th Cir. 1989) (holding that inmates have no protected property interest in continuing in work- release program).
cited Cited as authority (rule) Posey v. Farley
W.D. Tex. · 2023 · confidence medium
Moody v. Doggett, 429 U.S. 78 , 88 n.9 (1976); Bulger v. Bureau of Prisons, 65 F.3d 48, 49 (5th Cir. 1995).
cited Cited as authority (rule) Posey v. Farley
W.D. Tex. · 2023 · confidence medium
Moody v. Doggett, 429 U.S. 78 , 88 n.9 (1976); Bulger v. Bureau of Prisons, 65 F.3d 48, 49 (5th Cir. 1995).
discussed Cited as authority (rule) Harrison v. Ms. Avent
E.D. Va. · 2023 · confidence medium
Va. 1997) (prisoner did not have a protected interest in continued employment); Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50-51 (5th Cir. 1995) (same); Coakley v. Murphy, 884 F.2d 1218, 1221 (9th Cir. 1989) (holding that inmates have no protected property interest in continuing in work- release program).
cited Cited as authority (rule) Counts v. Director, TDCJ
E.D. Tex. · 2023 · confidence medium
Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 49 (5th Cir. 1995); Miles v. Windham Sch.
discussed Cited as authority (rule) Gil v. Doe
E.D. Va. · 2023 · confidence medium
Va. 1997) (prisoner did not have a protected interest in continued employment); Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50-51 (Sth Cir. 1995) (same); Coakley v. Murphy, 884 F.2d 1218, 1221 (9th Cir. 1989) (holding that inmates have no protected property interest in continuing in work- release program).
discussed Cited as authority (rule) Seignious v. Baltimore County Department of Corrections (2×) also: Cited "see"
D. Maryland · 2022 · confidence medium
See Wolff, 418 U.S. at 557 (stating that “the Constitution itself does not guarantee good-time credit for satisfactory behavior while in prison”); Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 50 (5th Cir. 1995) (holding that the loss of an opportunity to earn good-time credits through a prison job did not implicate a liberty interest).
cited Cited as authority (rule) Perez v. Hijar
W.D. Tex. · 2022 · confidence medium
But “a prisoner has no liberty or property interest in [her] job assignment.” Bulger v. Bureau of Prisons, 65 F.3d 48, 49 (Sth Cir. 1995).
discussed Cited as authority (rule) Jackson v. Elswick
S.D.W. Va · 2022 · confidence medium
Further, the wrongful termination claim is not cognizable under § 1983. “[I]nmates do not have a constitutional right to a prison job, and in turn, the deprivation of a prison job states no independent constitutional claim.” Patel v. Moron, 987 F. Supp. 2d 389, 400 (E.D.N.C. 2012) (citing Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir. 1995)).
discussed Cited as authority (rule) Allen v. Sater
W.D. Va. · 2022 · confidence medium
The Tenth and Sixth Circuits have applied Sandin in the context of property rights, see Steffey v. Orman, 461 F.3d 1218, 1222 (10th Cir. 2006); McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005), but the Third and Fifth Circuits have not, see Burns v. Pa. Dep’t of Corr., 544 F.3d 279, 293 (3rd Cir. 2008); Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 50 (5th Cir. 1995).
discussed Cited as authority (rule) Allen v. Coleman
W.D. Va. · 2022 · confidence medium
The Tenth and Sixth Circuits have applied Sandin in the context of property rights, see Steffey v. Orman, 461 F.3d 1218, 1222 (10th Cir. 2006); McMillan v. Fielding, 136 F. App’x 818, 820 (6th Cir. 2005), but the Third and Fifth Circuits have not, see Burns v. Pa. Dep’t of Corr., 544 F.3d 279, 293 (3rd Cir. 2008); Bulger v. U. S. Bureau of Prisons, 65 F.3d 48, 50 (5 Cir. 1995).
discussed Cited as authority (rule) Williams v. Errington (2×) also: Cited "see, e.g."
S.D. Miss. · 2022 · confidence medium
Dec. 19, 2014) (citing Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 49 (5th Cir. 1995)).
discussed Cited as authority (rule) Harth v. Mississippi Department of Correction
N.D. Miss. · 2021 · confidence medium
Barnes v. Cain, 544 F. App’x 483 (5th Cir. 2013) (not reported) (citing Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995)), see also Moody v. Doggett, 429 U.S. 78 , 88 n. 9, 97 S.Ct. 274 , 50 L.Ed.2d 236 (1976) (prisoner eligibility for rehabilitation programs are not subject to due process protections).
discussed Cited as authority (rule) Bowling v. Bray
W.D. Va. · 2021 · confidence medium
Though other courts have applied more favorable standards to claimed deprivations of property interests, this view has been criticized as an “elevation of an inmate’s property rights over his liberty rights.” Burns v. Pennsylvania Dep’t of Corr., 544 F.3d 279, 296 (3d Cir. 2008) (Hardiman, J., dissenting). 824 S.E.2d at 483 , 483 n. 4 (citingBurns v. Pennsylvania Dep’t of Corr., 544 F.3d 279, 293 (3d Cir. 2008) (finding that “Sandinand its progeny do not control” in acase involving an asserted property interest in an inmate account); Bulger v. United States Bureau of Prisons, 65 …
discussed Cited as authority (rule) BISE v. VANIHEL
S.D. Ind. · 2021 · confidence medium
Wallace v. Robinson, 940 F.2d 243, 247 (7th Cir. 1991) (en banc) (loss of prison employment does not affect liberty or property interests); Serra v. Lappin, 600 F.3d 1191, 1196 (9th Cir. 2010); Bulger v. United States Bureau of Prisons, 65 F.3d 48, 49 (5th Cir. 1995)).
discussed Cited as authority (rule) Dinkins v. Potope
M.D. Penn. · 2020 · confidence medium
Pa. Mar. 31, 2006) (quoting Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir. 1995)). prisoner is under the care of medical experts . . . a non-medical prison official will generally be justified in believing that the prisoner is in capable hands.”57 While that may be true, it is also true that a prisoner- plaintiff may state an Eighth Amendment conditions of confinement claim when a prisoner is forced to do work that causes injury.58 “In this type of case, the plaintiff must prove that the defendants knowingly compelled [the prisoner] ‘to perform labor that is beyond a…
discussed Cited as authority (rule) Dinkins v. Potope
M.D. Penn. · 2020 · confidence medium
Pa. Mar. 31, 2006) (quoting Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir. 1995)). 133 See Durmer v. O’Carroll, 991 F.2d 64, 69 (3d Cir. 1993). 134 See, e.g., Williams v. Norris, 148 F.3d 983 (8th Cir. 1998) (“The evidence in the record supports the findings that [plaintiff] had a medical restrictions on his duties, that [defendants] knew of the restrictions, that his work assignment was contrary to the restrictions, and that neither official took action to rescue him from work that was dangerous to his health and that in fact resulted in damage to him.”).
discussed Cited as authority (rule) Gereau v. Mulgrave
D.V.I. · 2020 · confidence medium
See Olim v. Wakinekona, 461 U.S. 238, 245 (1983); Meachum v. Fano, 427 U.S. 215, 225 (1976); Montanye, 427 U.S. at 242 ; Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 50-51 (5th Cir. 1995); Marchesani v. McCune, 531 F.2d 459, 462 (10th Cir. 1976).
discussed Cited as authority (rule) Lopez v. Holler
N.D. Cal. · 2020 · confidence medium
Cal. Nov. 12, 2008) (restriction on number of appliances a prison could keep in his 21 5 Cf. Cosco v. Uphoff, 195 F.3d 1221, 1224 (10th Cir. 1999) (extending Sandin’s atypical- 22 and-significant-deprivation methodology to property claims by prisoners), and Abdul- Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996) (suggesting that Sandin applies to 23 property interest claims brought by prisoners) with Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995) (declining to extend Sandin’s methodology to property interest 24 claims by prisoners). 25 The Ninth Circuit appears to have…
discussed Cited as authority (rule) Luke Soule v. M. Potts
7th Cir. · 2017 · confidence medium
See DeWalt v. Carter, 224 F.3d 607, 613 (7th Cir. 2000); Wallace v. Robinson, 940 F.2d 243, 247 (7th Cir. 1991) (en banc); Serra v. Lappin, 600 F.3d 1191, 1196 (9th Cir. 2010); Bulger v. United States Bureau of Prisons, 65 F.3d 48, 49 (5th Cir. 1995).
discussed Cited as authority (rule) Randy Carson v. Wayne Millus
5th Cir. · 2015 · confidence medium
“A unilateral expectation of certain treatment is insufficient [to create a liberty interest]; a prisoner must ‘have a legitimate claim of entitlement to it.’” Richardson v. Joslin, 501 F.3d 415, 419 (5th Cir.2007) (quoting Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995)).
cited Cited as authority (rule) Phillip Barnes v. Burl Cain, Warden
5th Cir. · 2013 · confidence medium
Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995).
cited Cited as authority (rule) Joseph James v. Hertzog
5th Cir. · 2011 · confidence medium
Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995) (internal citation and quotation marks omitted).
discussed Cited as authority (rule) Cosco v. Lampert
Wyo. · 2010 · confidence medium
While we acknowledge that at least one circuit has expressed its opinion that Sandin "did not instruct on the correct methodology for determining when prison regulations create a protected property interest," Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995),FN3 we do not see how the Supreme Court could have made clearer its intent to reject the Hewitt analysis outright in the prison context.
discussed Cited as authority (rule) David Pickelhaupt v. Andrew Jackson
6th Cir. · 2010 · confidence medium
Handberry v. Thompson, 446 F.3d 335 , 353 n. 6 (2d Cir.2006) (“Sandin was concerned with the proper definition of liberty interests, not property interests.”); Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995) (remarking that Sandin “did not instruct on the correct methodology for determining when prison regulations create a protected property interest”).
cited Cited as authority (rule) Milton James Anthony v. Texas Department of Criminal Justice
Tex. App. · 2009 · confidence medium
Bulger v. U.S. Bureau of Prisons , 65 F.3d 48, 49 (5th Cir. 1995).
discussed Cited as authority (rule) Richardson v. Joslin
5th Cir. · 2007 · confidence medium
A unilateral expectation of certain treatment is insufficient; a prisoner must “have a legitimate claim of entitlement to it.” Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995).
discussed Cited as authority (rule) Harry v. Lauderdale County
5th Cir. · 2007 · confidence medium
STANDARD OF REVIEW Dismissal pursuant to Rule 12(b)(6) is appropriate only when “ ‘it appears that no relief could be granted under any set of facts that could be proven consistent with the allegations.’ ” Meadowbriar Home for Children, Inc. v. Gunn, 81 F.3d 521, 529 (5th Cir.1996) (quoting Bulger v. United States Bureau of Prisons, 65 F.3d 48, 49 (5th Cir.1995)); see also Rochon v. City of Angola, 122 F.3d 319, 320 (5th Cir.1997).
discussed Cited as authority (rule) Steffey v. Orman
10th Cir. · 2006 · confidence medium
Handberry v. Thompson, 446 F.3d 335 , 353 n. 6 (2d Cir.2006) ("Sandin was concerned with the proper definition of liberty interests, not property interests.”); Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995) (declining to extend Sandin’s "atypical and significant hardship” analysis to property claims by prisoners).
discussed Cited as authority (rule) Wilson v. Jones
10th Cir. · 2005 · confidence medium
See, e.g., Zimmerman v. Tribble, 226 F.3d 568, 571-72 (7th Cir.2000) (holding that a prisoner’s transfer to a facility that did not offer vocational training and substance abuse programs did not implicate a liberty interest, even though the transfer resulting in the loss of an opportunity to earn good time credits); Higgason v. Farley, 83 F.3d 807, 809-10 (7th Cir.1996) (holding that a prisoner’s placement in segregation, which resulted in the loss of access to educational programs and the resulting opportunity to earn good time credits did not implicate liberty interest, reasoning that �…
discussed Cited as authority (rule) Richardson v. Joslin
N.D. Tex. · 2005 · confidence medium
A prisoner must “have a legitimate claim of entitlement to it.” Bulger v. United States Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995), (quoting Board of Regents v. Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 , (1972)).
discussed Cited as authority (rule) Gibson v. Federal Bureau of Prisons
5th Cir. · 2004 · confidence medium
See Moody v. Doggett, 429 U.S. 78 , 88 n. 9, 97 S.Ct. 274 , 50 L.Ed.2d 236 (1976)(Prison-er classification and eligibility for rehabilitation programs are not subject to “due process” protections); Bulger v. United States Bureau of Prisons, 65 F.3d 48, 49 (5th Cir.l995)(same).
discussed Cited as authority (rule) Boyd v. Anderson
N.D. Ind. · 2003 · confidence medium
In paragraphs 51, 52, 53, 55, and 56 of the complaint, Mr. Boyd alleges that prison officials denied him equal pror tection under the laws by “refusing to place [him] back into the housing unit and work assignment that he enjoyed prior to having his ... disciplinary code violation reduced to a class ‘C’ violation.” Prisoners have no constitutionally protected liberty or property interest in a particular prison job assignment, Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 49 (5th Cir.1995).
discussed Cited as authority (rule) Jeffries v. Tennessee Department of Correction
Tenn. Ct. App. · 2002 · confidence medium
Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 50 (5th Cir.1995); Arney v. Simmons, 923 F.Supp. 173 , 177, n. 4 (D.Kan.1996); *872 Wenzler v. Warden of G.R.C.C., 949 F.Supp. 399, 402, n. 1 (E.D.Va.1996). 9 Thus, a prison disciplinary board must follow all applicable procedural rules when it imposes a money judgment against an inmate if the judgment deprives the prisoner of a property interest.
cited Cited as authority (rule) Hilton Jeffries v. TDOC
Tenn. Ct. App. · 2002 · confidence medium
Bulger v. U.S. Bureau of Prisons, 65 F.3d 48, 50 (5th Cir. 1995); Arney v. Simmons, 923 F. Supp. 173, 177, n. 4 (D.
Retrieving the full opinion text from the archive…
Bulger
v.
Bureau of Prisons
94-41226.
Court of Appeals for the Fifth Circuit.
Sep 26, 1995.
65 F.3d 48
Smith, Barksdale, Benavides.
Published
[*49] JERRY E. SMITH, Circuit Judge:

Harold Bulger (“Bulger”) appeals the summary dismissal of his federal prisoner’s Bivens 1 suit. Bulger contends that he was deprived of a liberty or property interest when he was removed from his prison job. Because we determine that a prisoner has no liberty or property interest in his job assignment, we affirm.

I.

Bulger, a prisoner at the Texarkana Federal Correctional Institution, sued the United States Bureau of Prisons and various federal officials, alleging that he was denied due process in the manner in which he was terminated from his Federal Prison Industries (UNICOR) job assignment. According to Bulger’s complaint, he received a UNICOR work assignment in the shipping office on June 13,1991. On July 13, 1992, he asked to be reassigned to another position in the shipping office that had recently become vacant. Shipping Office Supervisor Jim Smith denied this request, presented Bulger with a poor work performance evaluation, and told Bul-ger that he was being dismissed from UNI-COR. Bulger refused to sign the “grossly dishonest evaluation.” On July 16, Bulger contacted Quality Assurance Manager Bill Hall and Assistant Factory Manager Bobby Jackson, both of whom told him that there were no other UNICOR jobs available.

Bulger was removed from UNICOR work status and was reassigned to an institutional job in Food Service. The following week, other inmates received UNICOR work assignments, including an assignment in the shipping office. Bulger alleges that his firing was unjustified and undertaken without the knowledge and approval of his unit team, in violation of the regulations and his due process rights.

The defendants moved for dismissal pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim for relief, or alternatively for summary judgment, arguing, inter alia, that job assignments are matters within the sound discretion of prison administrators. Bulger filed a cross-motion for summary judgment. The magistrate judge issued a rePort recommending that the motion to dismiss be granted because Bulger had no constitutionally protected interest in a UNICOR j°b- district court adopted the report an^ recommendation of the magistrate judge over Bulger’s objections and dismissed the action with prejudice.

II.

Although the magistrate judge’s report discussed the parties’ summary judgment motions, it disposed of Bulger’s claims under Fed.R.Civ.P. 12(b)(6), without reference to evidence from outside the pleadings. Cf. Balogun v. INS, 9 F.3d 347, 352 (5th Cir.1993) (decision disposing of party’s claim by reference to evidence outside the pleadings construed as grant of summary judgment). We review de novo the dismissal for failure to state a claim. See Jackson v. City of Beaumont Police Dep’t, 958 F.2d 616, 618 (5th Cir.1992). The motion may be granted only if it appears that no relief could be granted under any set of facts that could be proven consistent with the allegations. Id.

Prisoner classification and eligibility for rehabilitation programs in federal prisons are not directly subject to “due process” protections. Moody v. Daggett, 429 U.S. 78, 88 n. 9, 97 S.Ct. 274, 279 n. 9, 50 L.Ed.2d 236 (1976). Furthermore, prisoners have no constitutionally protected liberty or property interests per se in their prison job assignments. Jackson v. Cain, 864 F.2d 1235, 1250 (5th Cir.1989) (§ 1983 case).

Bulger, however, contends that the mandatory language of 28 C.F.R. § 345.12(d) (1994) created a liberty or property interest such that his termination from his UNICOR assignment, without the approval of his unit team and in violation of that regulation, constitutes a denial of due process. Section 345.12(d) states: “The Superintendent of Industries may recommend to an inmate’s unit[*50] team an inmate’s dismissal from UNICOR. The Superintendent of Industries may not independently remove an inmate from UNI-COR work status.”

Bulger’s attempt to locate a protected liberty interest based upon the mandatory language of § 345.12(d) is misplaced. In Sandin v. Conner, — U.S.-, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995), the Court employed a new methodology for determining whether prison regulations on confinement of an inmate create a liberty interest. Rather than relying on the language of the regulations for mandatory language and substantive predicates, cf. Hewitt v. Helms, 459 U.S. 460, 471-72, 103 S.Ct. 864, 871-72, 74 L.Ed.2d 675 (1983), the Court focused on the discipline imposed and determined that the defendant’s confinement to disciplinary segregation for a period of thirty days did not “present the type of atypical, significant deprivation in which a state might conceivably create a liberty interest.” — U.S. at-, 115 S.Ct. at 2301.

Bulger’s termination from his UNICOR job and reassignment to a non-UNICOR job did not impose an atypical and significant hardship on him in relation to the ordinary incidents of prison life. Although he complains of losing extra good-time credits, Bul-ger merely lost the ability to accrue such credits automatically. [2] Thus, his situation does not present a case in which the complained-of action “will inevitably affect the duration of his sentence.” See Conner, — U.S. at-, 115 S.Ct. at 2302. No liberty interest is at issue.

While, in the wake of Conner, prisoners may no longer peruse statutes or prison regulations searching for mandatory language on which to base a due process liberty claim, Conner did not instruct on the correct methodology for determining when prison regulations create a protected property interest. Nonetheless, this law is well established. In Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972), the Court stated that to have a property interest in a benefit, a person must have more than a unilateral expectation of it. Rather, he must “have a legitimate claim of entitlement to it.” Id.

Courts of appeals consistently have held that an inmate’s expectation of keeping a specific prison job, or any job, does not implicate a protected property interest. [3] Furthermore, two circuits have held that federal prisoners have no property interest in their UNICOR job assignments. [4]

Accordingly, we now join the other circuits in holding that a prisoner does not have a legitimate claim of entitlement to continuing UNICOR employment. The regulation relied upon by Bulger is procedural and does not place substantive restrictions on the authority of prison officials to remove an inmate from UNICOR. Thus, any expectation that Bulger might have had in keeping his UNICOR prison job does not amount to a property interest entitled to due process pro-[*51] tection. Accordingly, the judgment of dismissal is AFFIRMED. [5]

1

. Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).

2

. Pursuant to 18 U.S.C. § 4162 and 28 C.F.R. § 523.14, inmates assigned to UNICOR jobs automatically accrue extra good-time credits, which inmates assigned to non-UNICOR jobs do not automatically accrue, although they may earn such credits, upon recommendation by the prison staff, by performing "exceptionally meritorious” service. 18 U.S.C. § 4162, 28 C.F.R. § 523.11.

3

. See, e.g., Coakley v. Murphy, 884 F.2d 1218, 1221 (9th Cir.1989) (holding that inmates have no protected property interest in continuing in work-release program); Flittie v. Solem, 827 F.2d 276, 279 (8th Cir.1987) (opining that inmates have no constitutional right to be assigned to a particular job); Ingram v. Papalia, 804 F.2d 595, 596 (10th Cir.1986) (concluding that the Constitution does not create a property interest in prison employment); Adams v. James, 784 F.2d 1077, 1079 (11th Cir.1986) (stating that assignment to job as law clerk does not invest inmate with a property interest in continuation as such; Gibson v. McEvers, 631 F.2d 95, 98 (7th Cir.1980) (holding that prisoner's expectation of keeping prison job does not amount to a property interest subject to due process protection); Bryan v. Werner, 516 F.2d 233, 240 (3d Cir.1975) (reasoning that inmate's expectation of keeping job is not a property interest subject to due process protection).

5

. On appeal, Bulger raises four additional issues that, under the facts and circumstances of this case, are totally without merit, and we decline to discuss them: (1) the district court’s alleged "premature dismissal” by adopting the magistrate's recommendation and report; (2) prison

4

.See James v. Quinlan, 866 F.2d 627, 629-30 (3d Cir.), cert. denied, 493 U.S. 870, 110 S.Ct. 197, 107 L.Ed.2d 151 (1989); Garza v. Miller, 688 F.2d 480, 485-86 (7th Cir.1982), ce rt. denied, 459 U.S. 1150, 103 S.Ct. 796, 74 L.Ed.2d 1000 (1983).[*51] officials’ alleged "vindictive and malicious” actions in transferring Bulger; (3) Bulger's alleged failure to receive certain court papers; and (4) his alleged inability to raise certain matters in the district court.