Larry Rosser v. Matthew Cate

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NOT FOR PUBLICATION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
LARRY ROSSER,
Petitioner - Appellant,
v.
MATTHEW CATE,
Respondent - Appellee.
No. 12-55242
D.C. No. 3:10-cv-02203-MMA
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Michael M. Anello, District Judge, Presiding
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
California state prisoner Larry Rosser appeals pro se 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.
FILED
JAN 04 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

12-55242 2
Rosser contends that there was no evidence to support the finding of the
senior hearing officer that he was guilty of violating Cal. Code Regs. tit. 15,
§ 3006(a), and, therefore, subject to the loss of 181 days of sentence credit. We
review de novo the district court’s denial of Rosser’s petition. See Parker v. Small,
665 F.3d 1143, 1147 (9th Cir. 2011) (per curiam). The finding that an altered razor
blade was found in Rosser’s cell constituted “some evidence” in support of the
conclusion that Rosser was guilty of violating section 3006(a). See Superintendent
v. Hill, 472 U.S. 445, 455 (1985). Accordingly, the state court decision denying
Rosser’s claim was neither contrary to, nor based upon an unreasonable application
of, clearly established federal law. See 28 U.S.C. § 2254(d)(1); Williams v. Taylor,
529 U.S. 362, 409, 412-13 (2000).
We construe Rosser’s additional arguments as a motion to expand the
certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22-
1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).
Rosser’s motion to take judicial notice, filed on July 9, 2012, is granted.
AFFIRMED.

-- 2 of 2 --