Eddie Jones v. Kathy Mendoza-Powers

MEMORANDUM

Warden Kathy Mendoza-Powers appeals the district court’s order granting Eddie Jones’ 28 U.S.C. § 2254 petition for writ of habeas corpus. We have jurisdiction over the Warden’s appeal pursuant to 28 U.S.C. § 2253 (a). We review de novo the district court’s decision to grant habe-as relief, Gonzalez v. Brown, 585 F.3d 1202, 1206 (9th Cir.2009), and we reverse.

The district court’s decision was rendered without the benefit of the Supreme Court’s recent decision in Swarthout v. Cooke, — U.S. —, 131 S.Ct. 859 , 178 L.Ed.2d 732 (2011) (per curiam), which makes clear that “it is [of] no federal concern ... whether California’s ‘some evidence’ rule of judicial review (a procedure beyond what the Constitution demands) was correctly applied.” Id. at 863 . Federal habeas relief is not available for errors of state law, and the correct application of California’s “some evidence” standard is not mandated by the Federal Due Process Clause. Id. at 861 . Where, as here, a state creates a protected liberty interest in parole, due process requires only that the prisoner be afforded “an opportunity to be heard” and “provided a statement of reasons why parole was denied.” Id. at 862…