Von Staich v. California Department of Corrections

MEMORANDUM **

California state prisoner Ivan Von Staich appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Von Staich contends that, even though he had not yet had a parole consideration hearing and had not been deemed suitable for parole, the California Department of Corrections and the Board of Prison Terms violated his due process rights by failing to set a maximum term for his second degree murder conviction. We disagree. See Cal.Penal Code § 3041(b); In re Dannenberg, 34 Cal.4th 1061, 1071 , 1098 n. 18, 23 Cal.Rptr.3d 417 , 104 P.3d 783 (2005) (holding that a California prisoner has no right to a release date prior to being deemed suitable for parole because state law does not provide such a right); see also Sass v. California Board of Prison Terms, 461 F.3d 1123, 1132 (9th Cir.2006). Therefore, the California Supreme Court’s denial of this claim was not contrary to, or an unreasonable application of, clearly established United States Supreme Court authority. See 28 U.S.C. § 2254 (d).

Von Staich also contends that his due process and equal…