FILED
NOT FOR PUBLICATION MAY 09 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERT MENDOZA, No. 08-55824
Petitioner - Appellee, D.C. No. 3:05-CV-01938-L-NLS
v.
MEMORANDUM *
ROBERT HERNANDEZ, Warden,
Respondent - Appellant.
Appeal from the United States District Court
for the Southern District of California
M. James Lorenz, Senior District Judge, Presiding
Submitted May 5, 2011 **
Pasadena, California
Before: REINHARDT and HAWKINS, Circuit Judges, and COGAN, District
Judge.***
*
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).
***
The Honorable Brian M. Cogan, District Judge for the U.S. District
Court for Eastern New York, Brooklyn, sitting by designation.
Warden Robert J. Hernandez appeals the grant of Robert Mendoza’s habeas
petition. We have jurisdiction under 28 U.S.C. § 2553. We reverse.
Federal due process requires only that a prisoner seeking parole receive an
opportunity to be heard, notification of the reasons for any denial, and advance
access to the record. See Swarthout v. Cooke, 131 S. Ct. 859, 862 (2011); Pearson
v. Muntz, --- F.3d ----, No. 08-55278, 2011 WL 1238007 (9th Cir. 2011). The
parties agree that Mendoza was afforded this constitutionally adequate process.
The district court did not have the benefit of these subsequent decisions, which
now compel a denial of Mendoza’s petition.
REVERSED.