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Stewart v. Waddington
Citation: 210 F. App'x 717Docket: No. 05-35276
Court: Court of Appeals for the Ninth Circuit; December 11, 2006; Federal Appellate Court
Tommie Lee Stewart, a Washington state prisoner, appeals pro se the district court's dismissal of his petition under 28 U.S.C. § 2254. The appellate court affirms the district court's decision, finding no error in dismissing Stewart's challenge to the authority of the Washington Indeterminate Sentence Review Board regarding the rescission of its prior decision to discharge him from parole. Stewart's challenge was based solely on state law, which is not cognizable in federal court for habeas corpus claims. The court declines to consider Stewart's new argument regarding deprivation of a federally protected liberty interest, as it was raised for the first time on appeal. Stewart does not require a certificate of appealability to challenge the Board's actions, but he raises other claims related to his 1975 assault conviction that have not been certified for appeal. The court denies a certificate of appealability for these additional contentions. The decision is affirmed and is designated as not appropriate for publication, limiting its citation under 9th Cir. R. 36-3.