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

Frank Thompson v. D. Sisto

Frank Thompson v. D. Sisto
U.S. Court of Appeals for the Ninth Circuit · Decided June 24, 2011 · Canby, O'Scannlain, Fisher
439 F. App'x 663

Frank Thompson v. D. Sisto

Opinion

MEMORANDUM **

California state prisoner Frank Thompson appeals 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.

Thompson contends that the Board’s 2005 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). Because Thompson raises no procedural challenges, we affirm.

We construe appellant’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22-1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

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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