Stanley Kelley v. Wong

446 F. App'x 897

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 11, 2011
• Docket: 09-15939
• Status: Unpublished

Opinion

MEMORANDUM **

California state prisoner Stanley Kelley 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.

Kelley contends that the his due process rights were violated because the Governor’s 2004 decision to deny him parole was not supported by “some evidence.” This claim is foreclosed by Swarthout v. Cooke, - U.S. -, 131 S.Ct. 859, 863, 178 L.Ed.2d 732 (2011) (holding that the only federal right at issue in the parole context is procedural).

To the extent that Kelley contends that the Governor violated his due process rights by failing to hold a hearing before reversing the grant of parole by the California Board of Prison Terms, that contention is foreclosed by Styre v. Adams, 645 F.3d 1106, 1108-09 (9th Cir.2011) (holding that Cooke implicitly rejects argument that the Governor was required to hold a hearing before reversing the Board’s decision granting parole). Kelly’s remaining claims lack merit.

AFFIRMED.

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