Joseph Weldon Smith v. E.K. MCDANIEL, Warden

This disposition is not appropriate for publication and is not precedent*
except as provided by Ninth Circuit Rule 36-3.
The Honorable Donald W. Molloy, United States District Judge for**
the District of Montana, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH WELDON SMITH,
Petitioner - Appellant,
v.
E.K. MCDANIEL, Warden,
Respondent - Appellee.
No. 08-99004
D.C. No. 2:07-CV-00318-JCM-
RJJ
ORDER*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Argued and Submitted October 5, 2010
San Francisco, California
Before: KLEINFELD and GRABER, Circuit Judges, and MOLLOY, District
Judge.**
Under Thompson v. Frank, 599 F.3d 1088, 1090 (9th Cir. 2010) (per
curiam), we lack appellate jurisdiction to review the district court’s stay-and-
abeyance order. Accordingly, the appeal is DISMISSED.
FILED
OCT 12 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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