Rubio

FILED

NOT FOR PUBLICATION JAN 26 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MARIO RENE RUBIO, No. 07-55110

Petitioner - Appellant, D.C. No. CV-04-03710-MLR

v.

MEMORANDUM *

C. M. HARRISON, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding

Submitted January 11, 2010 **

Before: BEEZER, TROTT, and BYBEE, Circuit Judges.

California state prisoner Mario Rene Rubio appeals pro se from the district

court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have

jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

EG/Research Rubio contends that his prison disciplinary proceedings violated his due

process rights because there was insufficient evidence to support…