Cosio v. Kane

FILED NOT FOR PUBLICATION JUN 04 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

GEORGE COSIO, No. 07-15474

Petitioner - Appellant, D.C. No. CV-05-01966-CRB v.

MEMORANDUM * A. P. KANE,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Submitted May 25, 2010 **

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

California state prisoner George Cosio appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. under 28 U.S.C. § 2253,1 and we affirm.

Cosio contends that the Board’s 2004 decision to deny him parole was not supported by “some evidence” and therefore violated his due process rights. Following an independent review of the record, see Himes v. Thompson, 336 F.3d 848, 853 (9th Cir. 2003), we conclude that the state court’s conclusion that some evidence supports the Board’s decision was not objectively unreasonable. See 28 U.S.C. § 2254(d); see also Hayward v. Marshall, No. 06-55392, 2010 WL 1664977, at *11, *17 (9th Cir. Apr. 22, 2010).

AFFIRMED.