Fisher v. Oregon Board of, et al, No. 07-36096 (9th Cir. 2011)

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FILED FEB 02 2011 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RANDY D. FISHER, Petitioner - Appellant, v. OREGON BOARD OF PAROLE AND POST PRISON SUPERVISION; BRIAN BELLEQUE, MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS No. 07-36096 D.C. No. CV-05-00829-PA District of Oregon, Portland ORDER Respondents - Appellees. Before: PAEZ and CLIFTON, Circuit Judges, and BURNS,* District Judge. The Memorandum Disposition filed on January 18, 2011, is hereby withdrawn and vacated. Within 14 days of the filing of this Order, each party shall submit a letterbrief addressing what effect, if any, the United States Supreme Court decision in Swarthout v. Cooke, 562 U.S. ____ (2011) has on this matter. The letter-briefs shall not exceed five pages. The court will file a new disposition in due course. * The Honorable Larry A. Burns, District Judge for the U.S. District Court for Southern California, San Diego, sitting by designation.

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