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Edwards v. Curry

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 19, 2012
466 F. App'x 630 (9th Cir. 2012)

Opinion

No. 09-16589 D.C. No. 4:08-cv-01923-CAW

01-19-2012

WILLIE EDWARDS, Petitioner - Appellant, v. BEN CURRY, Warden; Board of Parole Hearings; ARNOLD SCHWARZENEGGER, Governor, Respondents - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

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


Appeal from the United States District Court

for the Northern District of California

Claudia A. Wilken, District Judge, Presiding

Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.

California state prisoner Willie Edwards appeals 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.

Edwards contends that the Board of Prison Hearings's 2005 decision finding him unsuitable for parole is not supported by some evidence and was otherwise improper. The only 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, 131 S. Ct. 859, 862-63 (2011) (per curiam). Because Edwards raises no procedural challenges, we affirm.

Edwards's motion to set oral argument and/or for decision is denied as moot.

AFFIRMED.


Summaries of

Edwards v. Curry

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 19, 2012
466 F. App'x 630 (9th Cir. 2012)
Case details for

Edwards v. Curry

Case Details

Full title:WILLIE EDWARDS, Petitioner - Appellant, v. BEN CURRY, Warden; Board of…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 19, 2012

Citations

466 F. App'x 630 (9th Cir. 2012)