Lang

Lang v. Kane

Good Law
239 F. App'x 323
United States Court of Appeals for the Ninth CircuitJune 15, 2007No. 05-56092California269 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Laurence Duane Lang 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 district court’s decision to deny a § 2254 petition, Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1126 (9th Cir.2006), and we affirm.

Lang contends that the California Board of Prison Terms’ (the “Board”) decision to deny him parole violated due process because the Board improperly relied on a finding that Lang’s parole plans were inadequate. However, the Board “can consider all relevant information” when determining suitability for parole, see Biggs v. Terhune, 334 F.3d 910, 915 (9th Cir.2003), and we conclude that the Board’s finding that Lang’s parole plans were inadequate was “supported by some evidence in the record,” see Sass, 461 F.3d at 1128-29 . We also reject Lang’s contention that the district court erred in not directing the Board to explore his residential plans in Illinois, because such a claim based upon state law is not cognizable on habeas review. See Estelle v. McGuire, 502 U.S. 62, 67-68 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991).…

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