SMITH V. MITCHELL, No. 04-55831 (9th Cir. 2012)

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This opinion or order relates to an opinion or order originally issued on December 4, 2007.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SHIRLEY REE SMITH, Petitioner-Appellant, v. JAVIER CAVAZOS,* Acting Warden, Respondent-Appellee. ï£¼ ï£½ No. 04-55831 D.C. No. CV-01-04484-ABC Central District of California, Los Angeles ï£¾ ORDER On Remand From The United States Supreme Court Filed February 3, 2012 Before: Harry Pregerson and William C. Canby, Jr., Circuit Judges, and Edward C. Reed, Jr.,** Senior District Judge. ORDER In accordance with the opinion and judgment of the Supreme Court of the United States in Cavazos v. Smith, 132 S.Ct. 2 (2011), pet. for rehearing denied, 2012 WL 33757 (U.S. Jan. 9, 2012), the judgment of the district court denying Smith s petition for a writ of habeas corpus is AFFIRMED. *Javier Cavazos is substituted as respondent pursuant to Fed. R. App. P. 43(c)(2). **The Honorable Edward C. Reed, Jr., Senior District Judge for the U.S. District Court for Nevada, sitting by designation. 1061

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