Haggard v. Curry , 463 F. App'x 678 ( 2011 )

FILED
NOT FOR PUBLICATION DEC 23 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LEWIS HAGGARD, No. 10-16819
Petitioner - Appellee, D.C. No. 3:06-cv-07658-SI
v.
MEMORANDUM *
BEN CURRY, Warden,
Respondent - Appellant.
Appeal from the United States District Court
for the Northern District of California
Susan Illston, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Ben Curry appeals from the district court’s judgment granting California
state prisoner Lewis Haggard’s 28 U.S.C. § 2254 habeas petition. We have
jurisdiction under 28 U.S.C. § 2253, and we vacate and remand.
*
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).
The district court granted relief in connection with the Board of Prison
Terms’ 2004 decision to deny Haggard parole. Intervening Supreme Court
authority explains that 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) (per curiam). Because Haggard raised no procedural
challenges, we reverse the district court’s judgment.
We express no opinion on the merits of Haggard’s claims concerning his
plea agreement. We leave to the district court resolution of those claims on
remand.
VACATED and REMANDED.
2 10-16819