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

Leo Gonzales v. B. Curry

Leo Gonzales v. B. Curry
U.S. Court of Appeals for the Ninth Circuit · Decided August 5, 2011 · Rymer, Ikuta, Smith
445 F. App'x 979

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.

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