Abraham

Abraham v. Marshall

Good Law
288 F. App'x 378
United States Court of Appeals for the Ninth CircuitJuly 31, 2008No. 07-55985California343 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Alan Abraham 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, see 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 there is no federally protected liberty interest in parole release in California. See id. at 1127-28 . We also reject the State’s contention that a Certificate of Appealability is required for this appeal. See Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir.2005).

*380 Abraham contends that the California Board of Prison Terms’ (“the Board”) 2003 decision finding him unsuitable for parole violated his due process rights. We conclude that “some evidence” supports the Board’s decision to deny parole. See Sass, 461 F.3d at 1129 . Accordingly, Abraham has failed to demonstrate that the state court’s decision denying this claim was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court. See 28 U.S.C. § 2254…

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