Court of Appeals for the Ninth Circuit March 16, 2011, No. 08-15587 (Smith v. Kane)

MEMORANDUM **

California state prisoner Gary Smith appeals pro se from the district court’s judg*764ment denying his 28 U.S.C. § 2254 habeas petition. We dismiss.

Smith contends that the Board of Prison Terms’ 2003 decision to deny him parole for five years was not supported by “some evidence” and therefore violated his due process rights.