Leo Gonzales v. B. Curry

U.S. Court of Appeals for the Ninth Circuit
Leo Gonzales v. B. Curry, 445 F. App'x 979 (9th Cir. 2011)

Leo Gonzales v. B. Curry

Opinion

MEMORANDUM **

California state prisoner Leo Gonzales 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.

Gonzales contends that the Board’s 2005 decision to deny him parole was not *980 supported by “some evidence” and therefore violated his due process rights. This claim is not cognizable in federal habeas proceedings. See Swarthout v. Cooke, — U.S.-,-, 131 S.Ct. 859, 862-63, 178 L.Ed.2d 732 (2011) (per curiam).

Gonzales has not made a substantial showing of the denial of a constitutional right with respect to his uncertified claims. We accordingly decline to certify them. See 28 U.S.C. § 2253(c)(2).

AFFIRMED.

**

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

Reference

Full Case Name
Leo GONZALES, Petitioner-Appellant, v. B. CURRY, Warden, Respondent-Appellee
Status
Unpublished