Clay v. Kane ( 2012 )

FILED
NOT FOR PUBLICATION AUG 20 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELIJAH CLAY, No. 07-55377
Petitioner - Appellee, D.C. No. CV-04-08663-VAP
Central District of California,
v. Los Angeles
A. P. KANE,
ORDER
Respondent - Appellant.
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.
*
The Honorable Ronald B. Leighton, United States District Judge for
the Western District of Washington, sitting by designation.