From Casetext: Smarter Legal Research

Campbell v. Neotti

United States Court of Appeals, Ninth Circuit
Jul 13, 2011
442 F. App'x 307 (9th Cir. 2011)

Opinion

No. 08-55902.

Submitted July 12, 2011.

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

July 13, 2011.

Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding D.C. No. 3:06-cv-01573-L-AJB.

Before: SCHROEDER, ALARCÓN, and LEAVY, 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 Terry Kirk Campbell 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.

Campbell contends that the Board of Parole's 2004 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, 131 S. Ct. 859, 863 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir. 2011) (applying Cooke). Because Campbell raises no federal procedural challenges, we affirm.

AFFIRMED.


Summaries of

Campbell v. Neotti

United States Court of Appeals, Ninth Circuit
Jul 13, 2011
442 F. App'x 307 (9th Cir. 2011)
Case details for

Campbell v. Neotti

Case Details

Full title:TERRY KIRK CAMPBELL, Petitioner-Appellant, v. GEORGE A. NEOTTI, Warden…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 13, 2011

Citations

442 F. App'x 307 (9th Cir. 2011)