Edelen v. Board of Prison Terms

U.S. Court of Appeals for the Ninth Circuit January 19, 2011

Edelen v. Board of Prison Terms, 410 F. App'x 53 (9th Cir. 2011)

Opinion

MEMORANDUM **

California state prisoner Bobbie Edelen 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.

Edelen contends that the Board of Prison Terms’s 2005 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).

AFFIRMED.

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

. We certify for appeal, on our own motion, the issue of whether the 2005 decision of the California Board of Prison Terms to deny parole violated due process. We decline to issue a certificate of appealability as to Ede-len’s remaining claims.

Reference

Full Case Name: Bobbie EDELEN, Petitioner-Appellant, v. BOARD OF PRISON TERMS, Respondent-Appellee
Status: Unpublished