United States v. 2012-01-27 | 08-15808 | STEVEN DIAZ V. KEN CLARK | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 STEVEN DIAZ, No. 08-15808
Petitioner-Appellant, D.C. No.
v. 2:05-CV-00376-  MCE-CMKDERRAL G ADAMS,
Respondent-Appellee. ORDER

On Remand from the United States Supreme Court
Filed January 27, 2012
Before: Procter Hug, Jr. and Milan D. Smith, Jr.,
Circuit Judges, and James Dale Todd,
Senior District Judge.*
ORDER
This case is now controlled by the Supreme Court’s deci-
sion in Harrington v. Richter, 131 S. Ct. 770 (2011). In light
of Harrington, we conclude that the state court’s decision was
neither contrary to, nor involved an unreasonable application
of, clearly established law as determined by the Supreme
Court of the United States. Accordingly, we affirm the district
court’s denial of the petition for a writ of habeas corpus.
AFFIRMED.
*The Honorable James Dale Todd, Senior District Judge for the U.S.
District Court for Western Tennessee, sitting by designation.
779

-- 1 of 1 --