John Montue v. Teresa Schwartz

455 F. App'x 732

Opinion

MEMORANDUM **

California state prisoner John C. Mon-tue 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, and we affirm.

Montue contends that the Board’s 2002 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 Montue raises no procedural challenges, we affirm.

Respondent Teresa A. Schwartz’s motion to strike and request for judicial notice are denied as moot.

AFFIRMED.

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