Francisco Ibarra v. D. Sisto

FILED NOT FOR PUBLICATION MAR 10 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FRANCISCO IBARRA, No. 09-17044 Petitioner - Appellant, D.C. No. 2:08-cv-02884-GEB v. MEMORANDUM * D. K. SISTO, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, District Judge, Presiding Submitted March 8, 2011 ** Before: FARRIS, LEAVY, and BYBEE, Circuit Judges. California state prisoner Francisco Ibarra 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. * 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). Ibarra contends that the Board’s 2007 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. See Swarthout v. Cooke, 131 S. Ct. 859, 862-63 (2011). Because Ibarra raises no procedural challenges, we affirm. AFFIRMED. 2 09-17044