Dehaven v. Tilton

401 F. App'x 264

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 27, 2010
• Docket: 07-56290
• Status: Unpublished

Opinion

MEMORANDUM **

California state prisoner LeRoy R. DeHaven 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, 1 and we affirm.

DeHaven challenges the Board’s 2004 decision to deny him parole. The state court did not unreasonably conclude that some evidence supports the Board’s decision. See 28 U.S.C. § 2254(d); see also Hayward v. Marshall, 603 F.3d 546, 562-63, 569 (9th Cir.2010) (en banc).

AFFIRMED.

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

1 . We certify on our own motion the issue of whether the California Board of Prison Terms’ ("Board”) 2004 decision to deny DeHaven parole was supported by some evidence. We decline to issue a certificate of appealability as to DeHaven’s remaining claims. See 28 U.S.C. § 2253(c)(2).