Strack

MEMORANDUM **

Kevin T. Strack, a California state prisoner serving an indeterminate life sentence for murder, burglary, robbery, and vehicle theft committed in 1976, appeals pro se the denial of his habeas corpus petition brought under 28 U.S.C. § 2254 . He claims that the California Board of Prison Terms violated his right to due process because insufficient evidence supported its failure to find him suitable for parole at his eighth parole consideration hearing in October 1998. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), and affirm.

Respondent contends that there is no clearly established federal law, as determined by the Supreme Court, holding that there is a due process liberty interest in parole release. See 28 U.S.C. § 2254 (d)(1) (habeas writ shall not be granted as to claim adjudicated on merits in state court unless adjudication resulted in decision that was contrary to, or involved an unreasonable interpretation of, clearly established federal law as determined by the Supreme Court). He correctly acknowledges, however, that this contention is *580 foreclosed by McQuillion v. Duncan, 306 F.3d…