445 F. App'x 979

Leo GONZALES, Petitioner-Appellant, v. B. CURRY, Warden, Respondent-Appellee.

No. 08-17719.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 2, 2011.*

Filed Aug. 5, 2011.

Leo Gonzales, Pro se.

Steven Grant Warner, Deputy Attorney General, AGCA — Office of the California Attorney General, San Francisco, CA, for Respondent-Appellee.

Before: RYMER, IKUTA, and N.R. SMITH, Circuit Judges.

MEMORANDUM **

California state prisoner Leo Gonzales 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.

Gonzales contends that the Board’s 2005 decision to deny him parole was not *980supported by “some evidence” and therefore violated his due process rights. This claim is not cognizable in federal habeas proceedings. See Swarthout v. Cooke, — U.S.-,-, 131 S.Ct. 859, 862-63, 178 L.Ed.2d 732 (2011) (per curiam).

Gonzales has not made a substantial showing of the denial of a constitutional right with respect to his uncertified claims. We accordingly decline to certify them. See 28 U.S.C. § 2253(c)(2).

AFFIRMED.

Gonzales v. Curry
445 F. App'x 979

Case Details

Name
Gonzales v. Curry
Decision Date
Aug 5, 2011
Citations

445 F. App'x 979

Jurisdiction
United States

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