FILED
MAR 26 2010
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHNNY COVAL SMITH, No. 07-55837
Petitioner - Appellant, D.C. No. CV-06-05739-JSL
v.
MEMORANDUM *
KEN CLARK,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
J. Spencer Letts, District Judge, Presiding
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, 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).
AH/Research
California state prisoner Johnny Coval Smith appeals pro se from the district
court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Smith contends that the California Department of Corrections (“CDC”)
miscalculated his sentencing credits under California law, and thus violated the Ex
Post Facto Clause, the Sixth and Eighth Amendments, and the Fourteenth
Amendment right to equal protection. We agree with the district court that Smith
failed to raise a cognizable federal claim, and that he failed to show a deprivation
of a federally protected right. Smith failed to demonstrate that the CDC’s decision
not to apply sentencing credits to his life sentence was contrary to or an
unreasonable application of clearly established federal law, or that it was based on
an unreasonable determination of facts in light of the evidence before it. See 28
U.S.C. § 2254(d)(1); see also Estelle v. McGuire, 502 U.S. 62, 67-68 (1991).
AFFIRMED.
AH/Research 07-55837