Lewis

MEMORANDUM **

In these companion cases, California state prisoner Vondell L. Lewis appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition (Case No. 05-56604), and from the district court’s order denying his motion for relief from judgment under Federal Rule of Civil Procedure 60(b) (Case No. 06-55929). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253.

We review de novo the district court’s decision to deny a § 2254 petition. See Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1126 (9th Cir.2006). We review for abuse of discretion the district court’s decision to deny a Rule 60(b) motion. See Thompson v. Calderon, 151 F.3d 918, 920-21 (9th Cir.1998) (en banc). We affirm both the denial of the § 2254 petition and the denial of the Rule 60(b) motion.

In Case No. 05-56604, Lewis contends that the California Board of Prison Terms’ (the “Board”) decision finding him unsuitable for parole violated his due process rights because the Board relied upon inaccurate facts regarding the nature of the commitment offense, for which Lewis contends he was wrongly convicted.

We conclude that in light of the Board’s reliance upon Lewis’ failure to…