William Williams v. John Marshall

FILED NOT FOR PUBLICATION FEB 22 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT WILLIAM WILLIAMS, No. 08-56417 Petitioner - Appellant, D.C. No. 2:06-cv-04159-CAS v. MEMORANDUM * JOHN C. MARSHALL, Respondent - Appellee. Appeal from the United States District Court for the Central District of California Christina A. Snyder, District Judge, Presiding Submitted Febuary 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. California state prisoner William Williams appeals from the district court’s order 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 Governor’s 2004 decision reversing the Board of Prison Terms’s decision finding him suitable for 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) (per curiam). Because Williams raises no procedural challenges, we affirm. AFFIRMED. 2 08-56417