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Galaz v. Vaughn

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 21, 2011
462 F. App'x 747 (9th Cir. 2011)

Opinion

No. 08-55430 D.C. No. 2:05-cv-05759-GPS-PLA

12-21-2011

GREGORY GALAZ, Petitioner - Appellant, v. TOM E. VAUGHN, Warden, Respondent - Appellee.


NOT FOR PUBLICATION


MEMORANDUM

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


Appeal from the United States District Court

for the Central District of California

George P. Schiavelli, District Judge, Presiding


Submitted December 19, 2011

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Before: GOODWIN, WALLACE and McKEOWN, Circuit Judges.

California state prisoner Gregory Galaz appeals 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.

Galaz contends that the Board's 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, 131 S. Ct. 859, 863 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir. 2011) (applying Cooke). Because Galaz raises no procedural challenges, we affirm.

We decline to expand the certificate of appealability to include Galaz's uncertified claims of breach of the plea agreement and violation of the Ex Post Facto Clause. See 28 U.S.C. § 2253(c)(2); 9th Cir. R. 22-1(e).

AFFIRMED.


Summaries of

Galaz v. Vaughn

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 21, 2011
462 F. App'x 747 (9th Cir. 2011)
Case details for

Galaz v. Vaughn

Case Details

Full title:GREGORY GALAZ, Petitioner - Appellant, v. TOM E. VAUGHN, Warden…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 21, 2011

Citations

462 F. App'x 747 (9th Cir. 2011)