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STATE OF MINNESOTA IN COURT OF APPEALS A08-1241 Kurt Clark Hines, petitioner, Appellant, vs. Joan Fabian, Commissioner of Corrections, et al., Respondents. Filed May 5, 2009 Affirmed Larkin, Judge Ramsey County District Court File No. 62-CV-07-1429

Bradford Colbert, Legal Assistance to Minnesota Prisoners, 875 Summit Avenue, Room 254, St. Paul, MN 55105 (for appellant) Lori Swanson, Attorney General, Margaret Jacot, Assistant Attorney General, 445 Minnesota Street, Suite 1800, St. Paul, MN 55101 (for respondents)

Considered and decided by Larkin, Presiding Judge; Minge, Judge; and Stauber, Judge.

SYLLABUS A prison inmate who is terminated from the Challenge Incarceration Program because he does not meet discretionary admission criteria does not have a protected liberty interest in remaining in the program and is not entitled to procedural due process before termination.

OPINION LARKIN, Judge Appellant challenges the district courts award of summary judgment in respondents favor, arguing that the district court erred by concluding that appellant did not have a protected liberty interest in remaining in the Challenge Incarceration Program and was not entitled to procedural due process before termination from the program. We affirm. FACTS The Challenge Incarceration Program (CIP) was created by the legislature in 1992. See 1992 Minn. Laws ch. 571,

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