Williams v. Board of Prison Terms

MEMORANDUM **

California state prisoner Nathaniel Williams appeals pro se from the district court’s judgment denying his habeas petition under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. §§ 1291 and *277 2253. We review de novo, Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1126 (9th Cir.2006), and we affirm.

We reject as foreclosed the State’s contention that we lack jurisdiction to entertain this appeal because Williams did not obtain a certificate of appealability. See Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir.2005) (per curiam).

Williams contends that the 2000 decision of the California Board of Prison Terms (“the Board”) to deny him parole and to set his next parole hearing two years later violated his due process rights. After reviewing the record, we conclude that the Board’s decision was supported by “some evidence.” See Superintendent v. Hill, 472 U.S. 445, 455 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985). Accordingly, the California Superior Court’s decision was not an unreasonable application of federal law. See 28 U.S.C. § 2254 (d)(1).

Williams further contends that his due process rights were violated because the Board’s decision violated his…