Edelen v. Board of Prison Term, et al, No. 08-55246 (9th Cir. 2011)

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FILED JAN 19 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT BOBBIE EDELEN, No. 08-55246 Petitioner - Appellant, D.C. No. CV-07-02862-R v. MEMORANDUM * BOARD OF PRISON TERMS, Respondent - Appellee. Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding Submitted January 10, 2011 ** Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges * 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). California state prisoner Bobbie Edelen appeals pro se from the district court s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 1, and we affirm. Edelen contends that the Board of Prison Terms s 2005 decision to deny him parole was not supported by some evidence and therefore violated his due process rights. 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 (9th Cir. 2010). AFFIRMED. 1 We certify for appeal, on our own motion, the issue of whether the 2005 decision of the California Board of Prison Terms to deny parole violated due process. We decline to issue a certificate of appealability as to Edelen s remaining claims. 2 08-55246

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