Cooley

MEMORANDUM *

Scott Cooley appeals the district court’s denial of his petition for habeas corpus challenging the Oregon Board of Parole’s postponement of his parole date. Cooley claims that the Board of Parole incorrectly found that he had been diagnosed with a “present severe emotional disturbance” under Or.Rev.Stat. § 144.125(3) (1991), and that the board relied upon improper evidence in reaching that conclusion. We hold that there was some evidence to support the board’s decision and thus affirm.

*604 We review the district court’s ruling de novo and ask whether the Oregon circuit court’s decision denying Cooley relief “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court.” See Brown v. Palmateer, 379 F.3d 1089, 1092 (9th Cir.2004) (citation omitted). The board’s decision comports with federal due process requirements if it is supported by “some evidence.” See Superintendent v. Hill, 472 U.S. 445, 455 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985); McQuillion v. Duncan, 306 F.3d 895, 904 (9th Cir.2002).

The board properly found that Cooley had been diagnosed with the type of condition contemplated in the…