Dawson

Dawson v. Marshall

Good Law
265 F. App'x 583
United States Court of Appeals for the Ninth CircuitJanuary 24, 2008No. 06-56454California412 words

Opinion

lead Opinion

MEMORANDUM **

California state prisoner Donald E. Dawson 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, 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, Dawson has failed to state a federal claim. This contention is foreclosed. See Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1127-28 (9th Cir.2006).

Dawson contends that the California Board of Prison Terms’ (the “Board”) 2001 decision to deny him parole violated his due process rights. We disagree. Dawson was afforded an opportunity to be heard and received a statement of reasons why his parole was denied. See Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1, 14-16 , 99 S.Ct. 2100 , 60 L.Ed.2d 668 (1979). Furthermore, some evidence supports the Board’s decision to deny parole. See Superintendent v. Hill, 472 U.S. 445, 455 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985); Irons v. Carey, 505 F.3d…

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