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

Wendell Stuart v. Tom Carey

Wendell Stuart v. Tom Carey
U.S. Court of Appeals for the Ninth Circuit · Decided July 13, 2011 · Schroeder, Alarcón, Leavy
442 F. App'x 322

Wendell Stuart v. Tom Carey

Opinion

MEMORANDUM **

California state prisoner Wendell Stuart 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.

Stuart contends that the Board of Prison Term’s 2001 .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. Swarthout v. Cooke, — U.S.-, 131 S.Ct. 859, 863, 178 L.Ed.2d 732 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir. 2011) (applying Cooke). Because Stuart raises no federal 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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