Public-domain · open source
OpenJurist

462 F. App'x 716

David Patterson v. Ben Curry

U.S. Courts of Appeals

Decided December 21, 2011

U.S. Courts of Appeals · decided 2011-12-21

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 2011-12-21

¶1 MEMORANDUM …

¶2 California state prisoner David Patterson 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.

¶3 Patterson contends that the Board’s 2006 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, 1045-17 (9th Cir.2011) (applying Cooke). Because Patterson raises no procedural challenges, we affirm.

¶4 AFFIRMED.

…

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

/462/fappx/716 · .json · Public domain