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

Frankie Enriquez v. Hartley

Frankie Enriquez v. Hartley
U.S. Court of Appeals for the Ninth Circuit · Decided June 8, 2011 · Pregerson, Thomas, Paez
436 F. App'x 823

Frankie Enriquez v. Hartley

Opinion

MEMORANDUM **

California state prisoner Frankie Enri-quez 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.

Enriquez 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, 863, 178 L.Ed.2d 732 (2011) (per curiam). Enri-quez raises no procedural challenges. Additionally, to the extent Enriquez contends that the Board misapplied state law, that does not provide a basis for granting a federal writ of habeas corpus. See id.

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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