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

Bluitt v. Gonzalez

Bluitt v. Gonzalez
U.S. Court of Appeals for the Ninth Circuit · Decided November 28, 2011 · Tashima, Berzon, Tallman
459 F. App'x 666

Bluitt v. Gonzalez

Opinion

MEMORANDUM **

California state prisoner Melvin Bluitt appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2258, and we affirm.

Bluitt contends that the Governor’s 2003 decision reversing the Board of Prison Terms’s decision finding him suitable for parole is not supported by some evidence. The record reflects that Bluitt received all process that was due. See Swarthout v. Cooke, — U.S. -,-, 131 S.Ct. 859, 862-63, 178 L.Ed.2d 732 (2011) (per curiam).

We construe Bluitt’s additional argument as a motion to expand the certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22—1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

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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