Joseph Smith v. E. McDaniel, No. 08-99004 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 12 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSEPH WELDON SMITH, Petitioner - Appellant, No. 08-99004 D.C. No. 2:07-CV-00318-JCMRJJ v. E.K. MCDANIEL, Warden, ORDER * Respondent - Appellee. Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Argued and Submitted October 5, 2010 San Francisco, California Before: KLEINFELD and GRABER, Circuit Judges, and MOLLOY, District Judge.** Under Thompson v. Frank, 599 F.3d 1088, 1090 (9th Cir. 2010) (per curiam), we lack appellate jurisdiction to review the district court s stay-andabeyance order. Accordingly, the appeal is DISMISSED. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting by designation.

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