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

Michael Casarotti v. John Marshall

Michael Casarotti v. John Marshall
U.S. Court of Appeals for the Ninth Circuit · Decided May 3, 2011 · Rymer, Thomas, Paez
430 F. App'x 619

Michael Casarotti v. John Marshall

Opinion

MEMORANDUM **

California state prisoner Michael Casarotti 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 affirm.

Casarotti contends that the Board’s 2006 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); Pearson v. Muntz, 639 F.3d 1185, 1191 (9th Cir. 2011). Because Casarotti raises no procedural challenges, we affirm.

AFFIRMED.

**

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

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