Thomas Wyrick v. Kathy Mendoza-Powers, No. 08-15840 (9th Cir. 2011)

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FILED MAR 10 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT THOMAS GLENN WYRICK, Petitioner - Appellant, No. 08-15840 D.C. No. 1:05-CV-01194-OWWGSA v. KATHY MENDOZA-POWERS, MEMORANDUM * Respondent - Appellee. Appeal from the United States District Court for the Eastern District of California Oliver W. Wanger, Senior District Judge, Presiding Submitted March 8, 2011 ** Before: FARRIS, LEAVY, and BYBEE, Circuit Judges. California state prisoner Thomas Glenn Wyrick appeals from the district court s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. * 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). Wyrick contends that the Board s 2004 decision to deny him parole was not supported by some evidence and therefore violated his due process rights. The only federal right at issue in the parole context is procedural, and the only proper inquiry is what process the inmate received, not whether the state court decided the case correctly. See Swarthout v. Cooke, 131 S. Ct. 859, 862-63 (2011). Because Wyrick raises no procedural challenges, we affirm. AFFIRMED. 2 08-15840

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