Gozy

MEMORANDUM **

California state prisoner Edward Gozy appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging the Board of Prison Term’s (“the Board”) failure to set a parole release date for him. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review the district court’s decision to deny a 28 U.S.C. § 2254 petition de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), and we affirm.

Gozy contends his due process rights were violated because there was not sufficient evidence to support the Board’s decision. Gozy asserts a valid liberty interest, see McQuillion v. Duncan, 306 F.3d 895, 902 (9th Cir.2002) (concluding that Califor *921 nia parole statutes create a protected liberty interest), but we conclude that the Board’s decision was supported by some evidence, therefore no due process violation occurred. Id. at 904 (reviewing court asks only if the parole board’s determination was supported by some evidence having some indicia of reliability).

To the extent Gozy raises an equal protection claim, this contention is unpersuasive because he fails to demonstrate he has been treated differently than other similarly situated…