U.S. Court of Appeals for the Ninth Circuit, 2010

Escalante v. Perez

U.S. Court of Appeals for the Ninth Circuit · Decided October 13, 2010 · Silverman, Callahan, Smith

399 F. App'x 288

Opinion

MEMORANDUM **

California state prisoner Justo Escalante 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, 1 and we affirm.

Escalante contends that the Board’s 2003 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, 603 F.3d 546, 562-63 (9th Cir. 2010) (en banc).

AFFIRMED.

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

. We certify for appeal, on our own motion, the issue of whether the 2003 decision of the California Board of Prison Terms ("Board”) to deny parole violated due process.

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