Jonathon Silversky v. Martin L. Frink

Good Law
500 F. App'x 625
United States Court of Appeals for the Ninth CircuitDecember 10, 201210-35317California520 words

Opinion

Opinion

MEMORANDUM

Montana state prisoner Jonathon Silver-sky (“Silversky”) appeals the district court’s summary denial in part and dismissal in part of his 28 U.S.C. § 2254 habeas corpus petition pursuant to the provisions of Rule 4 of the Rules Governing Section 2254 Cases. Silversky contends that, in pursuing post-conviction relief before the Montana Supreme Court, he was denied an impartial tribunal in violation of the due process clause. We have jurisdiction under 28 U.S.C. § 2253 and 28 U.S.C. § 1291, and we affirm the district court’s summary denial in part and dismissal in part.

Silversky does not allege that the Montana Supreme Court’s decision was contrary to, or an unreasonable application of, clearly established federal law, or relied upon an unreasonable determination of the facts in light of the evidence presented. Instead, Silversky “alleg[es] errors in the state post-conviction review process [which are] ... not addressable through habeas corpus proceedings.” Franzen v. Brinkman, 877 F.2d 26 (9th Cir.1989). A federal habeas petition is not the proper vehicle for addressing the adequacy of process provided to Silversky in state post-conviction proceedings.

Silversky…

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