Jones

MEMORANDUM **

Dwayne Jones, a California state prisoner, appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition contending that the California Board of Parole Hearings (“the Board”) violated his due process rights. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo a district court’s decision to deny a § 2254 petition, see McQuillion v. Duncan, 306 F.3d 895, 899 (9th Cir.2002), and we affirm the district court.

Jones contends that he has been over-incarcerated because he has been held beyond his minimum parole eligibility release date. He asserts that although California Penal Code § 3401(b) provides that an inmate is not entitled to receive a parole date unless the Board finds the inmate suitable for parole, § 3401(b) does not apply to him. We reject this contention for the reasons stated by the district court. See Cal. Dep’t. of Corr. v. Morales, 514 U.S. 499 , 115 S.Ct. 1597, 1599-1601 , 131 L.Ed.2d 588 (1995) (describing § 3401(b) as applying to a prisoner who was serving a 15-years-to-life prison sentence identical to the one Jones is serving).

In addition, we reject Jones’ contentions that California Penal Code § 190…