Roger Dean Mosby v. Carol P. Getty

978 F.2d 715 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roger Dean MOSBY, Petitioner-Appellant, v. Carol P. GETTY, et al., Respondent-Appellee. No. 89-55649. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1992. * Decided Nov. 6, 1992. Before BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Mosby appeals the district court's denial of his 28 U.S.C. § 2254 petition. He claims that he was improperly denied the right to appear before the Arkansas State Parole Board, and that he was prejudiced through a transfer to a different place of incarceration during the pendency of his petition. 3 "[A] State has great discretion in setting policies governing parole decisions, but it must nonetheless make those decisions in accord with the Due Process Clause." Evitts v. Lucey, 469 U.S. 387, 401 (1985). Under the Arkansas scheme challenged here, a prisoner who is incarcerated out of state, and who therefore may not appear at his Arkansas Parole…