Charles Wang v. Kamala Harris

MEMORANDUM

California state prisoner Charles Wang 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 . We review de novo a district court’s denial of a habeas petition, see Collins v. Runnels, 603 F.3d 1127, 1130 (9th Cir.2010), and we affirm.

Wang contends that the 102-day delay in holding his parole revocation hearing violated his right to due process. The state court’s rejection of this claim was not contrary to or an unreasonable application of clearly established federal law, as deter mined by the Supreme Court of the United States. See 28 U.S.C. § 2254 (d)(1); Morrissey v. Brewer, 408 U.S. 471, 488 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972); United States v. Santana, 526 F.3d 1257, 1259-61 (9th Cir.2008). Wang received full credit against his sentence for the time he spent in pre-revocation incarceration, and he failed to demonstrate actual prejudice from the delay. See Santana, 526 F.3d at 1260-61 .

We construe Wang’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098,…