439 F. App'x 663

Frank THOMPSON, Petitioner-Appellant, v. D.K. SISTO, Warden, Respondent-Appellee.

No. 10-15946.

United States Court of Appeals, Ninth Circuit.

Submitted June 15, 2011.*

Filed June 24, 2011.

William L. Schmidt, Law Office of William Schmidt, Fresno, CA, for Petitioner-Appellant.

Michael G. Lagrama, AGCA-Office of the California Attorney General, San Francisco, CA, for Respondent-Appellee.

*664Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

MEMORANDUM **

California state prisoner Frank Thompson 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.

Thompson contends that the Board’s 2005 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. See Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859, 863, 178 L.Ed.2d 732 (2011) (per curiam). Because Thompson raises no procedural challenges, we affirm.

We construe appellant’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22-1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir.1999) (per curiam).

AFFIRMED.

Thompson v. Sisto
439 F. App'x 663

Case Details

Name
Thompson v. Sisto
Decision Date
Jun 24, 2011
Citations

439 F. App'x 663

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!