From Casetext: Smarter Legal Research

Jackson v. Marshall

United States Court of Appeals, Ninth Circuit
Mar 16, 2011
422 F. App'x 568 (9th Cir. 2011)

Opinion

No. 07-55840.

Submitted March 8, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed March 16, 2011.

Wilks Jackson, San Luis Obispo, CA, pro se.

Amanda Lloyd, Esq., Office of the Deputy Attorney General, San Diego, CA, for Respondent-Appellee.

Appeal from the United States District Court for the Central District of California, Edward Rafeedie, District Judge, Presiding. D.C. No. CV-06-O5080-RNB.

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

California state prisoner Wilks Jackson appeals pro se from the district court's judgment denying his 28 U.S.C. § 2254 habeas petition. We dismiss.

Jackson contends that the Board of Prison Terms' 2005 decision to deny him parole for five years was not supported by "some evidence" and therefore violated his due process rights.

After briefing was completed in this case, this court held that a certificate of appealability is required to challenge the denial of parole. See Hayward v. Marshall, 603 F.3d 546, 554-55 (9th Cir. 2010) (en banc). Now the Supreme Court has held that 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, 178 L.Ed.2d 732 (2011) (per curiam). Because Jackson raises no procedural challenges regarding his parole hearing, a certificate of appealability cannot issue. Further, because Jackson has not made a substantial showing of the denial of a constitutional right, we decline to certify the remaining claims. See 28 U.S.C. § 2253(c).

DISMISSED.


Summaries of

Jackson v. Marshall

United States Court of Appeals, Ninth Circuit
Mar 16, 2011
422 F. App'x 568 (9th Cir. 2011)
Case details for

Jackson v. Marshall

Case Details

Full title:Wilks JACKSON, Petitioner-Appellant, v. John MARSHALL, Warden…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 16, 2011

Citations

422 F. App'x 568 (9th Cir. 2011)

Citing Cases

Staich v. Gonzalez

er was allowed to speak at his parole hearing and to contest the evidence against him, was afforded access to…