Patterson v. Kane

FILED NOT FOR PUBLICATION JUN 21 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

KELVIN PATTERSON, No. 07-16544 Petitioner - Appellant, D.C. No. CV-05-01982-MJJ v. MEMORANDUM * ANTHONY KANE, Warden, Respondent - Appellee.

Appeal from the United States District Court for the Northern District of California Martin J. Jenkins, District Judge, Presiding Submitted May 25, 2010 ** Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

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

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

Patterson 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 state court did not unreasonably conclude that some evidence supports the Board’s decision. 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.