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* The Honorable Ronald B. Leighton, United States District Judge for
the Western District of Washington, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELIJAH CLAY,
Petitioner - Appellee,
v.
A. P. KANE,
Respondent - Appellant.
No. 07-55377
D.C. No. CV-04-08663-VAP
Central District of California,
Los Angeles
ORDER
On Remand from the United States Supreme Court
Before: PREGERSON and WARDLAW, Circuit Judges, and LEIGHTON, District
Judge.*
In light of the Supreme Court’s opinion in Swarthout v. Cooke, 131 S.Ct.
859 (2011), this case is remanded to the district court for further proceedings
consistent with that opinion.
FILED
AUG 20 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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