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

Oropeza v. Woodford

Oropeza v. Woodford
U.S. Court of Appeals for the Ninth Circuit · Decided June 8, 2011 · Pregerson, Thomas, Paez
436 F. App'x 826

Oropeza v. Woodford

Opinion

MEMORANDUM **

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

Oropeza contends that the Board of Prison Terms’ 2001 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 certifí-cate 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, 863, 178 L.Ed.2d 732 (2011) (per curiam). Because Oropeza raises no procedural challenges regarding his parole hearing, a COA cannot issue, and we dismiss the appeal for lack of jurisdiction. See 28 U.S.C. § 2253(c)(2).

Oropeza’s requests for judicial notice are denied as moot.

DISMISSED.

**

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

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