Francisco Cabrera v. James Yeats

MEMORANDUM

California state prisoner Francisco Cabrera 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. § 2258 , and we affirm.

Cabrera contends that his right to due process was violated when the district attorney refiled a rape charge after a magistrate judge had determined there was no probable cause to support the charge. Cabrera’s challenge appears to relate to the California Court of Appeal’s application of state law, and therefore is not cognizable on federal habeas review. See 28 U.S.C. § 2254 (a); see also Estelle v. McGuire, 502 U.S. 62, 67 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991).

To the extent Cabrera raises a cognizable due process claim, the claim fails because Cabrera received notice of the charges and sufficient evidence supports his conviction. S ee S.Ct. 2781, 61 L.Ed.2d 560 (1979); see also De Anda v. City of Long Beach, 7 F.3d 1418, 1422 (9th Cir.1993) (stating that a dismissal at a preliminary hearing is not a final determination of the lack of probable cause). Accordingly, the state court’s rejection of his claim was not contrary to, or an unreasonable application of,…