Thomas N. Meriweather v. Manfred Maass, Superintendent, Oregon State Penitentiary Vern Faatz, Board of Parole Chairman

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas N. MERIWEATHER, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary; Vern Faatz, Board of Parole Chairman, Respondents-Appellees. No. 94-36226. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1995. * Decided Nov. 30, 1995. Before: BROWNING, RYMER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Meriweather, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Meriweather claims that a 1988 decision of the Oregon Board of Parole denying his request for an earlier parole consideration date violated his constitutional due process rights under the Fourteenth Amendment. We review de novo, Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995), and affirm. 3 Prior to addressing the merits of Meriweather's appeal, we must first consider whether Meriweather is in procedural default. The Appellees argue that…