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

Francisco Ibarra v. D. Sisto

Francisco Ibarra v. D. Sisto
U.S. Court of Appeals for the Ninth Circuit · Decided March 10, 2011 · Farris, Leavy, Bybee
420 F. App'x 710

Francisco Ibarra v. D. Sisto

Opinion

MEMORANDUM **

California state prisoner Francisco Ibarra appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas *711 petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Ibarra contends that the Board’s 2007 decision to deny him parole was not supported by “some evidence” and therefore violated his due process rights. 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 Ibarra raises no procedural challenges, we affirm.

AFFIRMED.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

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