Bradford Bryant v. Randy Grounds, Acting Warden ( 2011 )

FILED
NOT FOR PUBLICATION DEC 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BRADFORD O. BRYANT, No. 08-16754
Petitioner - Appellant, D.C. No. 3:05-cv-00723-JSW
v.
MEMORANDUM *
RANDY GROUNDS, Warden, Warden,
Respondent - Appellee.
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE and McKEOWN, Circuit Judges.
California state prisoner Bradford O. Bryant 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.
Bryant contends that the Governor’s 2003 decision to deny him parole was
not supported by “some evidence” and therefore violated his due process rights.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
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. Swarthout v. Cooke, 131 S. Ct. 859, 863 (2011); Styre
v. Adams, 645 F.3d 1106, 1108 (9th Cir. 2011) (acknowledging Cooke and holding
that due process does not require Governor to hold second suitability hearing
before reversing parole grant); Roberts v. Hartley, 640 F.3d 1042, 1045-47
(9th Cir. 2011) (applying Cooke). Because Bryant raises no procedural challenges,
we affirm.
Bryant’s motion for judicial notice is denied as moot.
AFFIRMED.
2 08-16754