FILED
NOT FOR PUBLICATION JAN 19 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DOWARD ALLY, No. 09-15404
Petitioner - Appellant, D.C. No. 1:06-cv-00414-AWI
v.
MEMORANDUM *
KATHY MENDOZA-POWERS,
Respondent - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, Chief District Judge, Presiding
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
California state prisoner Doward Ally 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 1, and we affirm.
Ally contends that the Board of Prison Terms’s 2004 decision to deny him
parole was not supported by “some evidence” and therefore violated his due
process rights. The state court did not unreasonably conclude that some evidence
supports the Board’s decision. See 28 U.S.C. § 2254(d); see also Hayward v.
Marshall, 603 F.3d 546, 562-63 (9th Cir. 2010).
AFFIRMED.
1
We certify for appeal, on our own motion, the issue of whether the
2004 decision of the California Board of Prison Terms to deny parole violated due
process. We decline to issue a certificate of appealability as to Ally’s remaining
claims.
2 09-15404