Thompson

MEMORANDUM **

Charles W. Thompson appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition challenging the sentence imposed following his murder conviction. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

The district court granted a certificate of appealability on the issues of whether (a) the California Board of Prison Terms (“Board”) illegally “set fixed” Thompson’s term at life imprisonment, and (b) whether the process applied to Thompson’s case was improper. Thompson contends the Board: (1) failed to set a “primary term” at less than the maximum life sentence; (2) failed to set a parole release date; and (3) improperly applied the process of determining his parole eligibility. We review de novo the district court’s dismissal of a section 2254 petition. See Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999).

The Board’s actions did not violate Thompson’s due process rights because the fact that the Board did not set a primary term at less than the maximum life sentence did not deprive Thompson of judicial review of the constitutionality of his sentence. See Jancsek v. Oregon Bd. of Parole, 833 F.2d 1389, 1390 (9th Cir.1987)…