Stephen Liebb v. Robert Wong, No. 09-17872 (9th Cir. 2011)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 14 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT STEPHEN LIEBB, No. 09-17872 Petitioner - Appellee, D.C. No. 4:08-cv-02643-CW v. MEMORANDUM * VINCE CULLEN, Acting Warden, Respondent - Appellant. Appeal from the United States District Court for the Northern District of California Claudia A. Wilken, District Judge, Presiding Submitted April 12, 2011 ** San Francisco, California Before: REINHARDT, HAWKINS, and GOULD, Circuit Judges. Warden Vince Cullen appeals the district court s grant of Stephen Liebb s petition for a writ of habeas corpus. Liebb argued that there was not some evidence to support the denial of his parole. In light of Swarthout v. Cooke, 131 * 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). S. Ct. 859 (2011) (per curiam), we hold that Liebb s federal right of due process was not violated. Liebb does not argue that he was denied an opportunity to speak at his hearing and contest the evidence against him, that he was denied access to his record in advance, or that he was not notified of the reasons why parole was denied. See id. at 862. Accordingly, we reverse the district court s grant of his habeas petition. REVERSED and REMANDED.
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