David Patterson v. Ben Curry

U.S. Court of Appeals for the Ninth Circuit
David Patterson v. Ben Curry, 462 F. App'x 716 (9th Cir. 2011)
Goodwin, Wallace, McKeown

David Patterson v. Ben Curry

Opinion

MEMORANDUM **

California state prisoner David Patterson 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.

Patterson contends that the Board’s 2006 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, 1045-17 (9th Cir. 2011) (applying Cooke). Because Patterson raises no procedural challenges, we affirm.

AFFIRMED.

**

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

Reference

Full Case Name
David PATTERSON, Petitioner—Appellant, v. Ben CURRY, Warden, Respondent—Appellee
Status
Unpublished