Cooke v. Solis, et al, No. 06-15444 (9th Cir. 2011)

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This opinion or order relates to an opinion or order originally issued on June 4, 2010.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DAMON COOKE, Petitioner-Appellant, v. JOSE SOLIS, Warden, California Training Facility-Central; BOARD OF PRISON TERMS; A. KANE, Respondents-Appellees.   No. 06-15444 D.C. No. 4:04-cv-04439-CW Northern District of California, San Francisco  ORDER On Remand From The United States Supreme Court Filed May 31, 2011 Before: Stephen Reinhardt, Kim McLane Wardlaw, and Milan D. Smith, Jr., Circuit Judges. ORDER Appellant s motion to file the supplemental brief lodged with the Clerk s office is GRANTED. In light of the Supreme Court s opinion in Swarthout v. Cooke, dated January 24, 2011, the district court s order denying the writ of habeas corpus is AFFIRMED. 7071

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