Bluitt v. Gonzalez

FILED
NOT FOR PUBLICATION NOV 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MELVIN BLUITT, a.k.a. Melvin Lee No. 06-56483
Bluitt,
D.C. No. CV-05-00131-CAS
Petitioner - Appellant,
v. MEMORANDUM *
TERRI GONZALEZ,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted November 21, 2011 **
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
California state prisoner Melvin Bluitt 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).
Bluitt contends that the Governor’s 2003 decision reversing the Board of
Prison Terms’s decision finding him suitable for parole is not supported by some
evidence. The record reflects that Bluitt received all process that was due. See
Swarthout v. Cooke, 131 S. Ct. 859, 862-63 (2011) (per curiam).
We construe Bluitt’s additional argument as a motion to expand the
certificate of appealability. So construed, the motion is denied. See 9th Cir. R.
22-1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per
curiam).
AFFIRMED.
2 06-56483