FILED
NOT FOR PUBLICATION JAN 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NATHANIEL WILLIAMS, No. 09-16534
Petitioner - Appellant, D.C. No. 2:06-cv-00347-MCE
v.
MEMORANDUM *
CLAUDE E. FINN, Warden and
ATTORNEY GENERAL OF THE STATE
OF CALIFORNIA,
Respondents - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, District Judge, Presiding
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
California state prisoner Nathaniel Williams 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.
*
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).
Williams contends that the California Board of Parole Hearings denied him
due process when it found him unsuitable for parole and failed to set a primary
term. The state court did not unreasonably conclude that “some evidence,”
including evidence of conduct post-dating his incarceration for the commitment
offense, supports the Board’s decision to deny Williams parole. See 28 U.S.C. §
2254(d); see also Hayward v. Marshall, 603 F.3d 546, 563 (9th Cir. 2010) (en
banc).
Williams also contends that the Board’s decision was based on a “no parole”
policy. The state court’s rejection of this contention was not contrary to, or an
unreasonable application of, clearly established Supreme Court law, and was not
an unreasonable determination of the facts in light of the evidence. See 28 U.S.C.
§ 2254(d).
To the extent Williams raises uncertified issues, we construe such arguments
as a motion to broaden the certificate of appealability, and we deny the motion.
See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999)
(per curiam).
AFFIRMED.
2 09-16534