Whitfield

MEMORANDUM **

California state prisoner Stephen M. Whitfield, Sr., appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition, challenging the California Board of Prison Terms’ (“the Board”) decision denying him parole. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Whitfield contends that the Board violated the Eighth Amendment by rescheduling and canceling his parole hearing dates. We reject this contention because Whitfield’s disappointment caused by these delays does not constitute cruel and unusual punishment. See Baumann v. Arizona Dept. of Corrections, 754 F.2d 841, 846 (9th Cir.1985).

Whitfield also contends that his hearing was unfair because the Board relied on a psychiatric report that contained false statements. The Board properly reviewed and reached its own conclusions regarding the psychiatric report. See Powell v. Gomez, 33 F.3d 39, 41 (9th Cir.1994).

Whitfield further contends that the attorney provided for the hearing was inef *592 fective. We reject this contention because the record establishes that Whitfield was afforded an opportunity to be heard and received a statement of reasons why his parole was…