No. 07-36086.

642 F.3d 711 (2011)

Douglas Ray MILLER, Petitioner-Appellant, v. OREGON BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2011.

Attorney(s) appearing for the Case

Anthony D. Bornstein , Office of the Federal Public Defender, Portland, OR, for the petitioner-appellant.

Justice Rillera , Office of the Oregon Attorney General, Salem, OR, for the defendant-appellee.

Before: RICHARD A. PAEZ and RICHARD R. CLIFTON, Circuit Judges, and LARRY A. BURNS, District Judge.


BURNS, District Judge:

We held in Hayward v. Marshall, 603 F.3d 546 (9th Cir.2010) (en banc), abrogation on other grounds recognized in Pearson v. Muntz, 639 F.3d 1185 (9th Cir.2011), that only state law can give rise to a liberty interest in parole that is entitled to the protections of the Due Process Clause of the Constitution. This habeas appeal presents the question...

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