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

Timothy Busch v. Grounds

Timothy Busch v. Grounds
U.S. Court of Appeals for the Ninth Circuit · Decided December 21, 2011 · Goodwin, Wallace, McKeown
462 F. App'x 726

Timothy Busch v. Grounds

Opinion

MEMORANDUM **

California state prisoner Timothy Busch appeals 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.

Busch 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. 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 Busch raises no 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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