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

Terry Campbell v. George A. Neotti

Terry Campbell v. George A. Neotti
U.S. Court of Appeals for the Ninth Circuit · Decided July 13, 2011 · Schroeder, Alarcón, Leavy
442 F. App'x 307

Terry Campbell v. George A. Neotti

Opinion

MEMORANDUM **

California state prisoner Terry Kirk Campbell 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.

Campbell contends that the Board of Parole’s 2004 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 *308 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 Campbell 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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