DeHaven v. Tilton, No. 07-56290 (9th Cir. 2010)

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FILED OCT 27 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT LEROY R. DEHAVEN, No. 07-56290 Petitioner - Appellant, D.C. No. CV-06-00602-BEN v. MEMORANDUM * JAMES E. TILTON, Secretary, Respondent - Appellee. Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. California state prisoner LeRoy R. DeHaven appeals pro se from the district court s judgment denying his 28 U.S.C. § 2254 habeas petition. We have * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). jurisdiction under 28 U.S.C. § 2253,1 and we affirm. DeHaven challenges the Board s 2004 decision to deny him parole. The state court did not unreasonably conclude that some evidence supports the Board s decision. See 28 U.S.C. § 2254(d); see also Hayward v. Marshall, 603 F.3d 546, 562-63, 569 (9th Cir. 2010) (en banc). AFFIRMED. 1 We certify on our own motion the issue of whether the California Board of Prison Terms ( Board ) 2004 decision to deny DeHaven parole was supported by some evidence. We decline to issue a certificate of appealability as to DeHaven s remaining claims. See 28 U.S.C. § 2253(c)(2). 2 07-56290

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