Justo Escalante v. MARGARITA PEREZ, Chairman California Board of Prison Terms;

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NOT FOR PUBLICATION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
JUSTO ESCALANTE,
Petitioner - Appellant,
v.
MARGARITA PEREZ, Chairman
California Board of Prison Terms; et al.,
Respondents - Appellees.
No. 06-56270
D.C. No. CV-05-06679-R
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
California state prisoner Justo Escalante appeals pro se from the district
court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
FILED
OCT 13 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 20031
decision of the California Board of Prison Terms (“Board”) to deny parole violated
due process.
06-56270 2
jurisdiction under 28 U.S.C. § 2253, and we affirm.1
Escalante contends that the Board’s 2003 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) (en banc).
AFFIRMED.

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