Michael Reed Dorrough, Petitioner-appellant, v. Charles Marshall; Larry Small; G. Smith, Respondents-appellees, 114 F.3d 1194 (9th Cir. 1997)

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US Court of Appeals for the Ninth Circuit - 114 F.3d 1194 (9th Cir. 1997) Argued and Submitted Oct. 7, 1996. Submission withdrawn Oct. 22, 1996. Resubmitted May 20, 1997. Decided May 27, 1997

Before: WALLACE, SNEED, and RYMER, Circuit Judges.

ORDER

The district court's order denying Dorrough's petition for habeas corpus relief under 28 U.S.C. § 2254 is vacated, and this case is remanded to the district court for further consideration of Dorrough's due process claims in light of Sandin v. Conner, 115 S. Ct. 2293 (1995). Dorrough's Fifth and Eighth Amendment claims should not be reconsidered by the district court pending resolution of Pifer v. Marshall, No. 95-16221, and Griffin v. Gomez, No. 95-16684, argued before a panel of this court on June 11, 1996.

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