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Nathaniel WILLIAMS, Petitioner-Appellant, v. Claude E. FINN, Warden and Attorney General of the State of California, Respondents-Appellees

United States Court of Appeals for the Ninth Circuit2011-01-21No. No. 09-16534
411 F. App'x 96

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Opinion

majority opinion

MEMORANDUM

California state prisoner Nathaniel Williams 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.

Williams contends that the California Board of Parole Hearings denied him due process when it found him unsuitable for parole and failed to set a primary term. The state court did not unreasonably conclude that “some evidence,” including evidence of conduct post-dating his incarceration for the commitment offense, supports the Board’s decision to deny Williams parole. See 28 U.S.C. § 2254(d); see also Hayward v. Marshall, 603 F.3d 546, 563 (9th Cir.2010) (en banc).

Williams also contends that the Board’s decision was based on a “no parole” policy. The state court’s rejection of this contention was not contrary to, or an unreasonable application of, clearly established Supreme Court law, and was not an unreasonable determination of the facts in light of the evidence. See 28 U.S.C. § 2254(d).

To the extent Williams raises uncertified issues, we construe such arguments as a motion to broaden the certificate of appeal-ability, and we deny the motion. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir.1999) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.