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442 F. App'x 306

Houston v. Grounds

U.S. Courts of Appeals

Decided July 13, 2011

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U.S. Courts of Appeals · decided 2011-07-13

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Swarthout v. Cooke · Swarthout v. Cooke · Roberts v. Hartley

Decided 2011-07-13

¶1 MEMORANDUM

¶2 California state prisoner Bernard Houston appeals 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. Houston contends that the Board of Prison Terms’ 2004 decision to deny him parole was not supported by “some evidence” and therefore violated his due process rights. The only federal right at issue in the parole context is procedural, and the only proper inquiry is what process the inmate received, not whether the state court decided the case correctly. Swarthout v. Cooke, — U.S.-,-, 131 S.Ct. 859, 863, 178 L.Ed.2d 732 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir.2011) (applying Cooke). Because Houston raises no federal procedural challenges, we affirm.

¶3 AFFIRMED.

¶4 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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