Kelvin Patterson v. ANTHONY KANE, Warden

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KELVIN PATTERSON,
Petitioner - Appellant,
v.
ANTHONY KANE, Warden,
Respondent - Appellee.
No. 07-16544
D.C. No. CV-05-01982-MJJ
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Martin J. Jenkins, District Judge, Presiding
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
California state prisoner Kelvin Patterson appeals pro se from the district
court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
FILED
JUN 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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We certify for appeal, on our own motion, the issue of whether the 20041
decision of the California Board of Prison Terms (“the Board”) to deny parole
violated due process.
07-16544 2
jurisdiction under 28 U.S.C. § 2253, and we affirm.1
Patterson contends that the Board’s 2004 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, No. 06-
55392, 2010 WL 1664977, at *11, *17 (9th Cir. Apr. 22, 2010).
AFFIRMED.

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