MARVIN SMITH V. RAUL LOPEZ, No. 12-55860 (9th Cir. 2015)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on September 23, 2013.
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MARVIN VERNIS SMITH, Petitioner-Appellee, No. 12-55860 v. D.C. No. 8:11-cv-01076-ODW-MRW RAUL LOPEZ, Warden, Respondent-Appellant. ORDER On Remand From The United States Supreme Court Filed August 21, 2015 Before: Sidney R. Thomas, Chief Judge, Andrew D. Hurwitz, Circuit Judge, and Ralph R. Beistline,* Chief District Judge. ORDER In accordance with the Opinion of the Supreme Court in Lopez v. Smith, 574 U.S. ___, 135 S. Ct. 1 (2014) (per curiam), the judgment of the district court granting Smith’s petition for a writ of habeas corpus is REVERSED, and the matter is REMANDED for proceedings consistent with the Supreme Court’s opinion. * The Honorable Ralph R. Beistline, Chief District Judge for the U.S. District Court for the District of Alaska, sitting by designation.
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