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No. 8477860
United States Court of Appeals for the Ninth Circuit
Owen v. Vaughn
No. 8477860 · Decided February 29, 2012
No. 8477860·Ninth Circuit · 2012·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 29, 2012
Citation
No. 8477860
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** California state prisoner Thomas Owen appeals 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. Owen contends that the Board of Prison Terms’ 2004 decision to deny him parole was not supported by “some evidence” and therefore violated his .due process rights. The only federal right at issue in the parole context .is procedural, and the only proper inquiry is what process the inmate received, not whether the state court decided the case correctly. See Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859, 863 , 178 L.Ed.2d 732 (2011) (per curiam). Because Owen raises no procedural challenges, we affirm. T.E. Vaughn’s motions to strike and for judicial notice, and Owen’s motion for judicial notice, are denied. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** California state prisoner Thomas Owen appeals from the district court’s judgment denying his 28 U.S.C.
Key Points
01MEMORANDUM ** California state prisoner Thomas Owen appeals from the district court’s judgment denying his 28 U.S.C.
02Owen contends that the Board of Prison Terms’ 2004 decision to deny him parole was not supported by “some evidence” and therefore violated his .due process rights.
03The only federal right at issue in the parole context .is procedural, and the only proper inquiry is what process the inmate received, not whether the state court decided the case correctly.
04Vaughn’s motions to strike and for judicial notice, and Owen’s motion for judicial notice, are denied.
Frequently Asked Questions
MEMORANDUM ** California state prisoner Thomas Owen appeals from the district court’s judgment denying his 28 U.S.C.
FlawCheck shows no negative treatment for Owen v. Vaughn in the current circuit citation data.
This case was decided on February 29, 2012.
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