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

Swanigan v. Curry

Swanigan v. Curry
U.S. Court of Appeals for the Ninth Circuit · Decided March 10, 2011 · Farris, Leavy, Bybee
420 F. App'x 732

Swanigan v. Curry

Opinion

MEMORANDUM **

California state prisoner Andrew G. Harvey appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We dismiss.

Harvey contends that the Board’s 2004 decision to deny him parole was not supported by “some evidence” and therefore violated his due process rights. After briefing was completed in this case, this court held that a certificate of appealability (“COA”) is required to challenge the denial of parole. See Hayward v. Marshall, 603 F.3d 546, 554-55 (9th Cir. 2010) (en banc). Now the Supreme Court has held that 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. See Swarthout v. Cooke, — U.S. -, -, 131 S.Ct. 859, 862-63, 178 L.Ed.2d 732 (2011). Because Harvey raises no procedural ehallenges, a COA cannot issue, and we dismiss the appeal for lack of jurisdiction. See 28 U.S.C. § 2253(c)(2).

DISMISSED.

**

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.