Rouse v. Goughnour

467 F. App'x 664

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 27, 2012
• Docket: 07-15855
• Status: Unpublished

Opinion

MEMORANDUM **

California state prisoner Nathaniel R. Rouse appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We dismiss.

Rouse contends that he was denied parole in violation of his plea agreement, and that the Governor’s decision to deny him parole 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 (“COA”) is required to challenge the denial of parole. See Hayward v. Marshall, 608 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, 863, 178 L.Ed.2d 732 (2011). Because Rouse raises no procedural challenges regarding his parole hearing, and jurists of reason would not find it debatable whether the petition states any valid claim of the denial of a constitutional right, a COA cannot issue, and we dismiss the appeal for lack of jurisdiction. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 478, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000).

DISMISS.

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