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

Tony Aremu v. B. Curry

Tony Aremu v. B. Curry
U.S. Court of Appeals for the Ninth Circuit · Decided April 28, 2011 · Rymer, Thomas, Paez
430 F. App'x 562

Tony Aremu v. B. Curry

Opinion

MEMORANDUM **

California state prisoner Tony O. Aremu 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, and we dismiss.

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) (per curiam). Because Aremu has not has made a substantial showing of the denial of a constitutional right, we decline to certify his claims. See 28 U.S.C. § 2253(c).

DISMISSED.

**

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

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