CLAY V. KANE, No. 07-55377 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION AUG 20 2012 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ELIJAH CLAY, Petitioner - Appellee, v. No. 07-55377 D.C. No. CV-04-08663-VAP Central District of California, 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.

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