Alton Bea Whatley, Jr. v. Board of Prison Terms

977 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alton Bea WHATLEY, Jr., Petitioner-Appellant, v. BOARD OF PRISON TERMS, Respondent-Appellee. No. 90-15452. United States Court of Appeals, Ninth Circuit. Submitted April 17, 1992. * Decided Oct. 6, 1992. Before FLETCHER, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner, a state prisoner, appeals pro se the district court's denial of his habeas corpus petition. We affirm. FACTS AND PROCEEDINGS BELOW 3 Petitioner, Alton Whatley, Jr., was sentenced in Sacramento County Superior Court to four years in state prison after a jury found him guilty of one count of assault with a deadly weapon. After exhausting his state remedies, Petitioner filed an application for a writ of habeas corpus in the United States District Court for the Eastern District of California, pursuant to 28 U.S.C. § 2254 . He alleged that the application of parole by the Board of Prison Terms violates the Due Process Clause of the…