Joseph Smith v. E. McDaniel ( 2010 )

FILED
NOT FOR PUBLICATION OCT 12 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSEPH WELDON SMITH, No. 08-99004
Petitioner - Appellant, D.C. No. 2:07-CV-00318-JCM-
RJJ
v.
E.K. MCDANIEL, Warden, ORDER *
Respondent - Appellee.
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.
*
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.