Samuel Lewis v. Ben Curry , 439 F. App'x 664 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SAMUEL WILLIAM LEWIS, No. 10-15916
Plaintiff - Appellant, D.C. No. 5:08-cv-03934-JF
v.
MEMORANDUM *
BEN CURRY, Warden,
Defendant - Appellee.
Appeal from the United States District Court
for the Northern District of California
Jeremy D. Fogel, District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN and FISHER, Circuit Judges.
California state prisoner Samuel William Lewis appeals pro se 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).
Lewis 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. Swarthout v. Cooke, 139 S.Ct. 859, 863 (2011); see Roberts v.
Hartley, 2011 WL 1365811 at *2-3 (9th Cir. Apr. 12, 2011) (applying Cooke).
Because Lewis raises no procedural challenges, we affirm.
AFFIRMED.
2 10-15916