Cass

Cass v. Woodford

Good Law
234 F. App'x 625
United States Court of Appeals for the Ninth CircuitJune 14, 2007No. 06-56002California298 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Manuel Cass, Jr. appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a *626 district court’s decision to deny a § 2254 petition, see McQuillion v. Duncan, 306 F.3d 895, 899 (9th Cir.2002), and we affirm.

Appellees contend that we lack jurisdiction because there is no federally protected interest in parole release in California, and thus, Cass has failed to state a federal claim. As appellees acknowledge, this contention is foreclosed by Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1127-28 (9th Cir.2006).

Cass contends that the California Board of Prison Terms’ (the “Board”) decision to deny him parole violated his due process rights. We disagree. We conclude that there was no due process violation because some evidence supports the Board’s decision. See Superintendent v. Hill, 472 U.S. 445, 454 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985); Irons v. Carey, 479 F.3d 658, 664-65 (9th Cir.2007); Sass, 461 F.3d at 1128-29 . Accordingly, Cass has failed to demonstrate that the state court’s decision “was based on an unreasonable…

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