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* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN H. PIRTLE,
Petitioner - Appellee,
v.
CALIFORNIA BOARD OF PRISON
TERMS; D. L. RUNNELS; ATTORNEY
GENERAL OF THE STATE OF
CALIFORNIA,
Respondents - Appellants.
No. 07-16097
D.C. No. CV-04-00518-FCD/KJM
MEMORANDUM*
On Remand from the United States Supreme Court
Before: REINHARDT, NOONAN, and FISHER, Circuit Judges.
On remand from the Supreme Court, California state prisoner John Pirtle
renews his argument that the California Parole Board’s 2002 denial of his parole
violated his federal right to due process. In light of Swarthout v. Cooke, 562 U.S.
___, 131 S.Ct. 859 (2011) (per curiam), we hold that Pirtle’s right to due process
FILED
SEP 19 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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was not violated. Accordingly, we reverse the district court’s judgment granting
the writ of habeas corpus.
REVERSED and REMANDED.
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