Swarthout v. Cooke, 562 U.S. 216 (2011). · Go Syfert
Swarthout v. Cooke, 562 U.S. 216 (2011). Cases Citing This Book View Copy Cite
Quick Summary

Federal habeas corpus relief is unavailable for errors of state law because a mere error of state law does not constitute a denial of due process.

After being denied parole by a state board, prisoners filed federal habeas corpus petitions challenging the decisions. The Ninth Circuit reversed state court denials, ruling that the state's 'some evidence' standard was a component of a federally protected liberty interest and that the state courts had unreasonably determined the facts. The Supreme Court holds that federal habeas relief does not lie for errors of state law and that the Due Process Clause only requires minimal procedures, such as an opportunity to be heard and notice of the reasons for denial. Because the prisoners received these procedures, the federal court cannot review whether the state court correctly applied state law standards.

3,042 citation events (3,042 in the last 25 years) across 118 distinct courts.
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Cited for
562 U.S. at 219 Limitation of federal habeas review for state law errors497 citing casesWe have stated many times that federal habeas corpus relief does not lie for errors of state law.14 citing courts put it this way · 210 listed here
  • Jones, No. 9:23-cv-00077 (N.D.N.Y. June 2, 2026).
    (We have stated many times that ‘federal habeas corpus relief does not lie for errors of state law.’)
  • Patterson, No. 5:18-cv-02059 (N.D. Ala. Mar. 24, 2026).
    (We have stated many times that federal habeas corpus relief does not lie for errors of state law.)
  • Jones, No. 9:23-cv-00077 (N.D.N.Y. Feb. 23, 2026).
    (We have stated many times that ‘federal habeas corpus relief does not lie for errors of state law.’)
  • Shabazz v. Quiros, No. 3:25-cv-00065 (D. Conn. Apr. 25, 2025).
    (whether the procedures followed . . . were constitutionally sufficient)
  • Shay v. Wahl, No. 3:22-cv-01157 (M.D. Pa. Mar. 19, 2025).
    (We have stated many times that federal habeas corpus relief does not lie for errors of state law.)
  • Laster v. Sec'y, Dep't of Corr.(Polk Cnty.), No. 8:22-cv-00723 (M.D. Fla. Mar. 7, 2025).
    (The habeas statute unambiguously provides that a federal court may issue a writ of habeas corpus to a state prisoner only on the ground that he is in custody in violation of the Constitution or laws or treaties of the…)
  • (HC) Sharp v. Borla, No. 1:23-cv-01557 (E.D. Cal. May 17, 2024).
    ([F]ederal habeas corpus relief 18 does not lie for errors of state law.)
  • Talmadge v. Houser, No. 3:22-cv-00202 (D. Alaska Sept. 11, 2023).
    (We have stated many times that ‘federal habeas relief does not lie for errors of state law.’)
  • (HC) Johnson v. Matteson, No. 1:22-cv-01009 (E.D. Cal. June 20, 2023).
    ([F]ederal habeas corpus relief 22 does not lie for errors of state law.)
  • Hosley v. Sec'y, Dep't of Corr. (Pinellas Cnty.), No. 8:20-cv-00194 (M.D. Fla. Sept. 26, 2022).
    (The habeas statute unambiguously provides that a federal court may issue a writ of habeas corpus to a state prisoner only on the ground that he is in custody in violation of the Constitution or laws or treaties of the…)
Show 200 more citing cases
562 U.S. at 220 Determining minimal due process requirements for parole231 citing casesThere is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners. When, however, a State creates a liberty interest, the Due Process Clause requires fair procedures for its v…12 citing courts put it this way · also cited as 131 S. Ct. at 862 · 199 listed here
  • Cullum, No. 1:26-cv-00258 (D. Idaho June 3, 2026). 2 cites
    The court relied on the Idaho sentencing statute, I.C. § 19- 2 Sass was overruled on other grounds by Hayward v. Marshall, 603 F.3d. 546 (9th Cir. 2010) (en banc) (any right to release on parole arose from state law, and did not arise from…
  • Snyder, No. 1:23-cv-00176 (D. Idaho Feb. 4, 2026).
    (There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners.)
  • Snyder, No. 1:26-cv-00089 (D. Idaho Feb. 4, 2026).
    (There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners.)
  • Jackson v. Lewis, No. 3:24-cv-01824 (S.D. Cal. Nov. 12, 2024).
    (Whatever liberty interest [in 15 parole that] exists is, of course, a state interest created by California law.)
  • Nelson v. Tewalt, No. 1:24-cv-00333 (D. Idaho Oct. 15, 2024).
    See Swarthout v. Cooke, 131 S. Ct. 859, 862 (2011) (“There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisone…
  • Cavalier v. Aranda, No. 3:24-cv-01275 (S.D. Cal. Oct. 2, 2024).
    (Whatever liberty interest [in parole that] 12 exists is, of course, a state interest created by California law.)
  • Ford v. Sanchez-Galvan, No. 3:24-cv-01025 (S.D. Cal. Sept. 26, 2024). 2 cites
    (Whatever liberty interest [in parole that] exists is, of 13 course, a state interest created by California law.)
  • (HC) Haynes v. Johnson, No. 2:24-cv-00581 (E.D. Cal. Aug. 30, 2024). 3 cites
    (When, however, a 10 State creates a liberty interest [in parole], the Due Process Clause requires fair procedures for its 11 vindication—and federal courts will review the application of those constitutionally required…)
  • (PC) Trevino v. Sheehan, No. 2:23-cv-00235 (E.D. Cal. May 16, 2024).
    (There is no right under the Federal 12 Constitution to be conditionally released before the expiration of a valid sentence, and the States 13 are under no duty to offer parole to their prisoners.)
  • Snyder v. United States, No. 1:23-cv-00176 (D. Idaho May 3, 2024).
    (There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners.)
Show 189 more citing casesLoad the other 62
131 S. Ct. at 863 Defining scope of due process hearing requirements84 citing casesacknowledging Cooke and holding that due process does not require Governor to hold second suitability hearing before reversing parole grant1 citing court put it this way
Show 74 more citing casesLoad the other 70
562 U.S. at 222 Determining scope of due process review in state law errors69 citing casesholding that “a ‘mere error of state law’ is not a denial of due process8 citing courts put it this way
  • Torres v. City Of New York, No. 1:20-cv-10210 (S.D.N.Y. Mar. 11, 2022). 3 cites
    (Because the only federal right at issue is procedural, the relevant inquiry is what process [the plaintiff] received, not whether the state court decided the case correctly.)
  • Cox v. Burton, No. 3:20-cv-08417 (N.D. Cal. Feb. 3, 2021).
    (a ‘mere error of state law’ is not a 18 denial of due process)
  • Omar v. Koenig, No. 3:20-cv-08228 (N.D. Cal. Jan. 21, 2021).
    (a ‘mere error of state law’ is not a 19 denial of due process)
  • Cavalier v. Newsom, No. 3:20-cv-01615 (S.D. Cal. Dec. 11, 2020). 5 cites
    (Because the only federal right at issue is procedural, the relevant 25 inquiry is what process Cooke and Clay received, not whether the state court decided the 26 case correctly.)
  • (PC) Smith v. Parole Bd., No. 2:19-cv-02454 (E.D. Cal. May 26, 2020).
    ([A] mere error of state law is not a denial of due process.)
  • Cookson v. Magnusson, No. 1:19-cv-00170 (D. Me. Feb. 24, 2020).
    (we have long recognized that a mere error of state law is not a denial of due process)
  • Herbert Johnson v. Fed. Court Judges, No. 2:20-cv-01134, 2020 WL 758787 (C.D. Cal. Feb. 14, 2020).
    (the 24 responsibility for assuring that the constitutionally adequate procedures 25 governing California’s parole system are properly applied rests with California 26 courts)
  • Welch v. Dzurenda, No. 3:23-cv-00224 (D. Nev. Dec. 20, 2023).
  • (PC) Brown v. Gutierrez, No. 1:20-cv-00245 (E.D. Cal. June 25, 2020).
  • (PC) Andersen v. Shaffer, No. 2:20-cv-00999 (E.D. Cal. May 10, 2021).
Show 59 more citing casesLoad the other 54
562 U.S. at 221 Defining minimum due process for parole decisions14 citing casesNo opinion of ours supports converting California’s ‘some evidence’ rule into a substantive federal requirement. The liberty interest at issue here is the interest in receiving parole when the California standards for parole have been met, and the minimum procedures adequate for due-process protec…1 citing court put it this way
  • Cullum, No. 1:26-cv-00258 (D. Idaho June 3, 2026). 2 cites
    (No opinion of ours supports converting California’s ‘some evidence’ rule into a substantive federal requirement. The liberty interest at issue here is the interest in receiving parole when the California standards for…)
  • (HC) Haynes v. Johnson, No. 2:24-cv-00581 (E.D. Cal. Aug. 30, 2024). 3 cites
    See Cooke, 562 U.S. at 220 (“When, however, a 10 State creates a liberty interest [in parole], the Due Process Clause requires fair procedures for its 11 vindication—and federal courts will review the application of those constitutionally…
  • In re Bailey, 291 Cal. Rptr. 3d 800 (Cal. Ct. App. 2022).published
  • Larry Charles Cleveland v. Warden, No. 2:19-cv-09730 (C.D. Cal. Dec. 20, 2019).
  • (HC) Duran v. Newsom, No. 2:23-cv-01910 (E.D. Cal. Oct. 3, 2024).
  • Brooks v. Chapman, No. 1:22-cv-00305 (E.D. Va. Aug. 4, 2023).
  • (HC) Jenkins v. Cueva, No. 2:25-cv-01184 (E.D. Cal. Apr. 30, 2025).
  • Warden, No. 2:24-cv-02998 (E.D. Cal. Oct. 1, 2025).
  • Rivas v. Bd. of Parole & Post-Prison Supervision, 356 P.3d 83 (Or. Ct. App. 2015).published
  • Milorad Olic v. Ken Clark, No. 2:23-cv-03104 (C.D. Cal. Oct. 30, 2023).
Show 4 more citing cases
131 S. Ct. at 861 Limiting federal habeas review to federal law violations10 citing casesWe have stated many times that federal habeas relief does not lie for errors of state law1 citing court put it this way
178 L. Ed. 2d at 736 “proceeds in two steps: we first ask whether there exists a liberty or property interest of which a person has been deprived, and if so we ask whether the procedures followed by the state were constitutionally sufficient.”8 citing cases101 citing courts quote it
  • Montalbano v. Port Auth., 843 F. Supp. 2d 473 (S.D.N.Y. 2012).published
    “We first ask whether there exists a liberty or property interest of which a person has been deprived, and if so we ask whether the procedures followed by the State were constitutionally sufficient.”
  • Davis v. Proud, 2 F. Supp. 3d 460 (E.D.N.Y. 2014).published
    “[Standard analysis under [the Due Process Clause] proceeds in two steps: [Courts] first ask whether there exists a liberty or property interest of which a person has been deprived, and if so * * * whether the procedure…”
  • Carter, Bowie, McCullough v. State, 192 A.3d 695 (Md. 2018).published
    “the States are under no duty to offer parole to their prisoners.”
  • Haskin v. State of Arkansas, No. 1:25-cv-01022 (W.D. Ark. May 21, 2025).
    “There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners.”
  • Stanley v. St. Paul, 773 F. Supp. 2d 926 (D. Idaho 2011).published
    “There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners.”
  • Biden, No. 1:25-cv-00635 (D. Idaho Nov. 12, 2025).
    “There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence ….”
  • Sanchez v. Dep't of Corr. Time Acct., No. 3:25-cv-00102 (D. Alaska June 25, 2025).
    “We have stated many times that ‘federal habeas corpus relief does not lie for errors of state law.’”
  • Dykes v. Redington, No. 1:19-cv-00274 (S.D. Ala. Apr. 23, 2020).
    “The habeas statute ‘unambiguously provides that a federal court may issue a writ of habeas corpus to a state prisoner “only on the ground that he is in custody in violation of the Constitution or laws or treaties of th…”
562 U.S. at 218 Reviewing state law errors under federal habeas corpus6 citing casesholding that claims alleging state law error or an incorrect application of state law do not present cognizable issues for federal habeas review: “We have stated many times that ‘federal habeas corpus relief does not lie for errors of state law’2 citing courts put it this way
178 L. Ed. 2d at 737 “[W]e have long recognized that a mere error of state law is not a denial of due process.”5 citing cases4 citing courts quote it
  • Frank v. Arnald, No. 3:18-cv-03967 (N.D. Cal. Nov. 16, 2020).
    “a ‘mere error of state law’ is not a denial of due process”
  • Stuckey v. Robertson, No. 4:22-cv-02613 (N.D. Cal. June 22, 2023).
    “a ‘mere error of state law’ is not a denial of due process”
  • Keiron M. Elias v. Rosas, No. 2:21-cv-06052 (C.D. Cal. Oct. 31, 2022).
    “[W]e have long recognized that a mere error of state law is not a denial of due process.”
  • Osborne v. Shinn, No. 2:22-cv-00744 (D. Ariz. Apr. 3, 2023).
    “[W]e have long recognized that a mere error of state law is not a denial of due 7 process.”
  • William Joe Long v. George Jaime, No. 2:19-cv-07398 (C.D. Cal. Nov. 1, 2019).
    “[T]he responsibility for assuring that the 9 | constitutionally adequate procedures governing California’s parole system are 10 || properly applied rests with California courts, and is no part of the Ninth Circuit's 11…”
562 U.S. at 216 Statutory authority for parole board release date3 citing casesupholding parole denial that was based on the “especially cruel and callous manner” of the offense1 citing court put it this way
131 S. Ct. at 862 There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners.1 citing case1 citing court put it this way
  • Nelson v. Tewalt, No. 1:24-cv-00333 (D. Idaho Oct. 15, 2024).
    (There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners.)
Quoted next to this citation, but not language from this opinion
“‘[F]ederal habeas corpus relief does not lie for errors of state law.’”quoted beside the cite; not in this opinion · 2 citing cases listed
  • Fritz v. Fender, No. 1:23-cv-00221, 2023 WL 7474054 (N.D. Ohio Oct. 23, 2023).
    “‘[F]ederal habeas corpus relief does not lie for errors of state law.’”
  • Wilson, No. 5:23-cv-10132 (E.D. Mich. Nov. 24, 2025).
    “[F]ederal habeas corpus relief does not lie for errors of state law.”
Retrieving the full opinion text from the archive…
GARY SWARTHOUT, WARDEN
v.
DAMON COOKE MATTHEW CATE, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION v. ELIJAH CLAY
No. 10-333.
Supreme Court of the United States.
Jan 24, 2011.
Published opinion
562 U.S. 216
2011 U.S. LEXIS 1067

Lead Opinion

[*734] OPINION OF THE COURT

[562 U.S. 216]

Per Curiam.

I

California’s parole statute provides that the Board of Prison Terms “shall set a release date unless it determines

[562 U.S. 217]

that . . . consideration of the public safety requires a more lengthy period of incarceration.” Cal. Penal Code Ann. § 3041(b) (West Supp. 2010). If the board denies parole, the prisoner can seek judicial review in a state habeas petition. The California Supreme Court has explained that “the standard of review properly is characterized as whether ‘some evidence’ supports the conclusion that the inmate is unsuitable for parole because he or she currently is dangerous.” In re Lawrence, 44 Cal. 4th 1181, 1191, 190 P.3d 535, 539 (2008). See also In re Shaputis, 44 Cal. 4th 1241, 1253-1254, 190 P.3d 573, 580 (2008); In re Rosenkrantz, 29 Cal. 4th 616, 625-626, 59 P.3d 174, 183 (2002).

A

Respondent Damon Cooke was convicted of attempted first-degree murder in 1991, and a California court sentenced him to an indeterminate term of seven years to life in prison with the possibility of parole. In November 2002, the board determined that Cooke was not yet suitable for parole, basing its decision on the “es[*735]pecially cruel and callous manner” of his commitment offense, App. to Pet. for Cert. 50a; his failure to participate fully in rehabilitative programs; his failure to develop marketable skills; and three incidents of misconduct while in prison. The board admitted that Cooke had received a favorable psychological report, but it dismissed the report as not credible because it included several inconsistent and erroneous statements.

Cooke filed a petition for a writ of habeas corpus in State Superior Court. The court denied his petition. “The record indicates,” it said, “that there was some evidence, including but certainly not limited to the life offense, to support the board’s denial.” Id., at 42a. Cooke subsequently filed a habeas petition with the California Court of Appeal and a petition for direct review by the California Supreme Court. Both were denied.

[562 U.S. 218]

In October 2004, Cooke filed a federal habeas petition pursuant to 28 U.S.C. § 2254 challenging the parole board’s determination. The District Court denied his petition. The Ninth Circuit reversed, holding that California’s parole statute created a liberty interest protected by the Due Process Clause, and that “California’s ‘some evidence’ requirement” was a “component” of that federally protected liberty interest. Cooke v. Solis, 606 F.3d 1206, 1213 (2010). It then concluded that the state court had made an “unreasonable determination of the facts in light of the evidence” under § 2254(d)(2) by finding any evidence at all that Cooke would pose a threat to public safety if released. Id., at 1216 (internal quotation marks omitted).

B

Respondent Elijah Clay was convicted of first-degree murder in 1978, and a California court sentenced him to imprisonment for seven years to life with the possibility of parole. In 2003, the board found Clay suitable for parole, but the Governor exercised his authority to review the case and found Clay unsuitable for parole. See Cal. Const., Art. 5, § 8(b); Cal. Penal Code Ann. § 3041.2 (West 2000). The Governor cited the gravity of Clay’s crime; his extensive criminal history, which reflected “the culmination of a life of crime,” App. to Pet. for Cert. 116a; his failure to participate fully in self-help programs; and his unrealistic plans for employment and housing after being paroled. Regarding the last factor, the Governor concluded that Clay would be likely to return to crime, given his propensity for substance abuse and lack of a viable means of employment.

Clay filed a petition for a writ of habeas corpus in State Superior Court. That court denied Clay’s petition, as did the California Court of Appeal. The California Supreme Court denied review.

Clay subsequently filed a federal petition for a writ of habeas corpus, which the District Court granted. The District

[562 U.S. 219]

Court concluded that the Governor’s reliance on the nature of Clay’s long-past commitment offense violated Clay’s right to due process, and dismissed each of the other factors the Governor cited as unsupported by the record. The Ninth Circuit affirmed, agreeing with the District Court’s conclusion that “the Governor’s decision was an unreasonable application of California’s ‘some evidence’ rule and was an unreasonable determination of the facts in light of the evidence presented.” Clay v. Kane, 384 Fed. Appx. 544, 546 (2010).

[*736] II

In granting habeas relief based on its conclusion that the state courts had misapplied California’s “some evidence” rule, the Ninth Circuit must have assumed either that federal habeas relief is available for an error of state law, or that correct application of the State’s “some evidence” standard is required by the federal Due Process Clause. Neither assumption is correct.

As to the first: The habeas statute “unambiguously provides that a federal court may issue a writ of ha-beas corpus to a state prisoner ‘only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.’ ” Wilson v. Corcoran, ante, at 5, 131 S. Ct. 13, 178 L. Ed. 2d 276 (per curiam) (quoting 28 U.S.C. § 2254(a)). “We have stated many times that ‘federal habeas corpus relief does not he for errors of state law.’ ” Estelle v. McGuire, 502 U.S. 62, 67, 112 S. Ct. 475, 116 L. Ed. 2d 385 (1991) (quoting Lewis v. Jeffers, 497 U.S. 764, 780, 110 S. Ct. 3092, 111 L. Ed. 2d 606 (1990)).

As for the Due Process Clause, standard analysis under that provision proceeds in two steps: We first ask whether there exists a liberty or property interest of which a person has been deprived, and if so we ask whether the procedures followed by the State were constitutionally sufficient. Kentucky Dept. of Corrections v. Thompson, 490 U.S. 454, 460, 109 S. Ct. 1904, 104 L. Ed. 2d 506 (1989). Here, the Ninth Circuit held that California law creates a liberty interest in parole, see 606 F.3d, at 1213. While we have no need to review that holding here, it is a

[562 U.S. 220]

reasonable application of our cases. See Board of Pardons v. Allen, 482 U.S. 369, 373-381, 107 S. Ct. 2415, 96 L. Ed. 2d 303 (1987); Greenholtz v. Inmates of Neb. Penal and Correctional Complex, 442 U.S. 1, 12, 99 S. Ct. 2100, 60 L. Ed. 2d 668 (1979).

Whatever liberty interest exists is, of course, a state interest created by California law. There is no right under the Federal Constitution to be conditionally released before the expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners. Id., at 7, 99 S. Ct. 2100, 60 L. Ed. 2d 668. When, however, a State creates a liberty interest, the Due Process Clause requires fair procedures for its vindication—and federal courts will review the application of those constitutionally required procedures. In the context of parole, we have held that the procedures required are minimal. In Greenholtz, we found that a prisoner subject to a parole statute similar to California’s received adequate process when he was allowed an opportunity to be heard and was provided a statement of the reasons why parole was denied. Id., at 16, 99 S. Ct. 2100, 60 L. Ed. 2d 668. “The Constitution,” we held, “does not require more.” Ibid. Cooke and Clay received at least this amount of process: They were allowed to speak at their parole hearings and to contest the evidence against them, were afforded access to their records in advance, and were notified as to the reasons why parole was denied. 606 F.3d, at 1208-1212; App. to Pet. for Cert. 69a-80a; Cal. Penal Code Ann. §§ 3041, 3041.5 (West Supp. 2010).

That should have been the beginning and the end of the federal habeas courts’ inquiry into whether Cooke and Clay received due process. Instead, however, the Court of Appeals reviewed the state courts’ decisions on[*737] the merits and concluded that they had unreasonably determined the facts in light of the evidence. See 606 F.3d, at 1213-1216; 384 Fed. Appx., at 545-546. Other Ninth Circuit cases have done the same. See, e.g., Pearson v. Muntz, 606 F.3d 606, 611 (2010) (per curiam). No opinion of ours supports converting California’s “some evidence” rule into a substantive

[562 U.S. 221]

federal requirement. The liberty interest at issue here is the interest in receiving parole when the California standards for parole have been met, and the minimum procedures adequate for due process protection of that interest are those set forth in Greenholtz.* See Hayward v. Marshall, 603 F.3d 546, 559 (CA9 2010) (en banc). Greenholtz did not inquire into whether the constitutionally requisite procedures provided by Nebraska produced the result that the evidence required; a fortiori it is no federal concern here whether California’s “some evidence” rule of judicial review (a procedure beyond what the Constitution demands) was correctly applied.

It will not do to pronounce California’s “some evidence” rule to be “a component” of the liberty interest, 606 F.3d, at 1213. Such reasoning would subject to federal-court merits review the application of all state-prescribed procedures in cases involving liberty or property interests, including (of course) those in criminal prosecutions. That has never

[562 U.S. 222]

been the law. To the contrary, we have long recognized that “a ‘mere error of state law’ is not a denial of due process.” Engle v. Isaac, 456 U.S. 107, 121, n. 21, 102 S. Ct. 1558, 71 L. Ed. 2d 783 (1982); see also Estelle, 502 U.S., at 67-68, 112 S. Ct. 475, 116 L. Ed. 2d 385. Because the only federal right at issue is procedural, the relevant inquiry is what process Cooke and Clay received, not whether the state court decided the case correctly.

The Ninth Circuit’s questionable finding that there was no evidence in the record supporting the parole denials is irrelevant unless there is a federal right at stake, as § 2254(a) requires. See id., at 67, 112 S. Ct. 475, 116 L. Ed. 2d 385. The short of the matter is that the responsibility for ensuring that the constitutionally adequate procedures governing California’s parole system are properly applied rests with California courts, and is no part of the Ninth Circuit’s business.

The petition for a writ of certiorari and respondents’ motions for leave[*738] to proceed in forma pauperis are granted.

The judgments below are reversed,

Cooke and Clay argue that the greater protections afforded to the revocation of good-time credits should apply, citing In re Rosenkrantz, 29 Cal. 4th 616, 657-658, 59 P.3d 174, 205 (2002), a California Supreme Court case that refers to our good-time-credits decision in Superintendent, Mass. Correctional Institution at Walpole v. Hill, 472 U.S. 445, 105 S. Ct. 2768, 86 L. Ed. 2d 356 (1985). But Rosenkrantz did not purport to equate California’s parole system with good-time credits. It cites Hill twice. The first citation merely observes that the court relied upon Hill in an earlier opinion adopting the “some evidence’’ test for decisions to revoke parole that had previously been granted. 29 Cal. 4th, at 656, 59 P.3d, at 204. The second citation, which does occur in the part of the opinion discussing the need for “some evidence’’ review in parole decisions, simply borrows language from Hill to support the proposition that “ ‘[requiring a modicum of evidence’ ’’ can “ ‘help to prevent arbitrary deprivations.’ ’’ 29 Cal. 4th, at 658, 59 P.3d, at 205 (quoting Hill, 472 U.S., at 455, 105 S. Ct. 2768, 86 L. Ed. 2d 356). In any event, the question of which due process requirements apply is one of federal law, not California law; and neither of these citations comes close to addressing that question. Any doubt on that score is resolved by a subsequent footnote stating that the court’s decision is premised only on state law. 29 Cal. 4th, at 658, n. 12, 59 P.3d, at 205, n. 12.

Concurrence

SEPARATE OPINION

Justice Ginsburg,

concurring.

In Superintendent, Mass. Correctional Institution at Walpole v. Hill, 472 U.S. 445, 455, 105 S. Ct. 2768, 86 L. Ed. 2d 356 (1985), this Court held that, to comply with due process, revocation of a prisoner’s good time credits must be supported by “some evidence.” If California law entitled prisoners to parole upon satisfaction of specified criteria, then Hill would be closely in point. See In re Rosenkrantz, 29 Cal. 4th 616, 657-658, 59 P.3d 174, 205 (2002). The Ninth Circuit, however, has determined that for California’s parole system, as for Nebraska’s, Greenholtz v. Inmates of Neb. Penal and Correctional Complex, 442 U.S. 1, 99 S. Ct. 2100, 60 L. Ed. 2d 668 (1979), is the controlling precedent. Hayward v. Marshall, 603 F.3d 546, 559-561 (2010) (en banc). Given that determination, I agree that today’s summary disposition is in order.