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Patterson v. Curry

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 21, 2011
462 F. App'x 716 (9th Cir. 2011)

Opinion

No. 10-15898 D.C. No. 5:08-cv-02492-RMW

12-21-2011

DAVID PATTERSON, Petitioner - Appellant, v. BEN CURRY, 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NOT FOR PUBLICATION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 Northern District of California

Ronald M. Whyte, District Judge, Presiding


Before: GOODWIN, WALLACE and McKEOWN, Circuit Judges.

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.

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

AFFIRMED.


Summaries of

Patterson v. Curry

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 21, 2011
462 F. App'x 716 (9th Cir. 2011)
Case details for

Patterson v. Curry

Case Details

Full title:DAVID PATTERSON, Petitioner - Appellant, v. BEN CURRY, Warden, Respondent…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 21, 2011

Citations

462 F. App'x 716 (9th Cir. 2011)