Terry Campbell v. George A. Neotti

FILED NOT FOR PUBLICATION JUL 13 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT TERRY KIRK CAMPBELL, No. 08-55902 Petitioner - Appellant, D.C. No. 3:06-cv-01573-L-AJB v. MEMORANDUM * GEORGE A. NEOTTI, Warden, Respondent - Appellee. Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding Submitted July 12, 2011 ** Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges. California state prisoner Terry Kirk Campbell appeals 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). Campbell contends that the Board of Parole’s 2004 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. Swarthout v. Cooke, 131 S. Ct. 859, 863 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir. 2011) (applying Cooke). Because Campbell raises no federal procedural challenges, we affirm. AFFIRMED. 2 08-55902