Milan

Milan v. Duncan

Good Law
207 F. App'x 876
United States Court of Appeals for the Ninth CircuitNovember 22, 2006No. 03-55777California771 words

Opinion

Lead Opinion

MEMORANDUM ***

Michael D. Milan appeals from an order denying his petition for writ of habeas corpus under 28 U.S.C. § 2254 . We affirm. Because the parties are familiar *878 with the facts and the procedural history of this case, we need not recount them here.

We review de novo a district court’s decision to deny relief under Section 2254. Robinson v. Ignacio, 360 F.3d 1044, 1055 (9th Cir.2004). Although the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2254 (d), applies, the two state courts that denied Milan’s petition did so without explanation. Accordingly, we “must conduct an independent review of the record to determine whether the state court’s decision was objectively unreasonable.” Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1127 (9th Cir.2006) (citing Lewis v. Mayle, 391 F.3d 989, 996 (9th Cir.2004)).

I. Due Process Claim

Milan argues that the California Board of Prison Terms (“Board”) violated his due process rights when it: (i) rescinded his parole in 1987 upon discovery of his prison rule infraction, 1 and (ii) refused to re-set a parole date at its 1999 hearing.

California Penal Code § 3041(b) grants inmates a liberty…

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