Terry L. Slaughter v. D. K. Sisto; Attorney General of the State of California

09-15181Court of Appeals for the Ninth Circuit2 ago 2010

Testo completo

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NOT FOR PUBLICATION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
TERRY L. SLAUGHTER,
Petitioner - Appellant,
v.
D. K. SISTO; ATTORNEY GENERAL
OF THE STATE OF CALIFORNIA,
Respondents - Appellees.
No. 09-15181
D.C. No. 2:07-cv-02628-WBS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
William B. Shubb, District Judge, Presiding
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT and WARDLAW, Circuit Judges.
California state prisoner Terry L. Slaughter appeals from the district court’s
judgment dismissing his 28 U.S.C. § 2254 petition. We have jurisdiction under 28
U.S.C. § 2253, and we affirm.
FILED
AUG 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-15181 2
Slaughter contends that his rights to due process and equal protection were
violated when the Department of Corrections assessed a 130-day forfeiture of good
time credits in violation of California statutory law and regulations. The California
Superior Court denied relief because Slaughter could not establish that the
forfeiture of credits was erroneous. This decision was neither contrary to, nor
involved an unreasonable application of, clearly established federal law, as
determined by the United States Supreme Court. See 28 U.S.C. § 2254(d)(1). Nor
was the decision based on an unreasonable determination of the facts in light of the
evidence presented in the State court proceeding. See 28 U.S.C. § 2254(d)(2).
Based on the foregoing, we need not reach the certified issue.
AFFIRMED.

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