Marvin Vernis Smith v. RAUL LOPEZ, Warden

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARVIN VERNIS SMITH,
Petitioner-Appellee,
v.
RAUL LOPEZ, Warden,
Respondent-Appellant.
No. 12-55860
D.C. No.
8:11-cv-01076-ODW-MRW
ORDER
On Remand From The United States Supreme Court
Filed August 21, 2015
Before: Sidney R. Thomas, Chief Judge, Andrew D.
Hurwitz, Circuit Judge, and Ralph R. Beistline,* Chief
District Judge.
ORDER
In accordance with the Opinion of the Supreme Court in
Lopez v. Smith, 574 U.S. ___, 135 S. Ct. 1 (2014) (per
curiam), the judgment of the district court granting Smith’s
petition for a writ of habeas corpus is REVERSED, and the
matter is REMANDED for proceedings consistent with the
Supreme Court’s opinion.
* The Honorable Ralph R. Beistline, Chief District Judge for the U.S.
District Court for the District of Alaska, sitting by designation.

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