STEVEN DIAZ V. KEN CLARK, No. 08-15808 (9th Cir. 2012)

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This opinion or order relates to an opinion or order originally issued on November 29, 2010.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ï£¼ STEVEN DIAZ, DERRAL Petitioner-Appellant, v. G ADAMS, Respondent-Appellee. ï£½ No. 08-15808 D.C. No. 2:05-CV-00376MCE-CMK ï£¾ ORDER On Remand from the United States Supreme Court Filed January 27, 2012 Before: Procter Hug, Jr. and Milan D. Smith, Jr., Circuit Judges, and James Dale Todd, Senior District Judge.* ORDER This case is now controlled by the Supreme Court s decision in Harrington v. Richter, 131 S. Ct. 770 (2011). In light of Harrington, we conclude that the state court s decision was neither contrary to, nor involved an unreasonable application of, clearly established law as determined by the Supreme Court of the United States. Accordingly, we affirm the district court s denial of the petition for a writ of habeas corpus. AFFIRMED. *The Honorable James Dale Todd, Senior District Judge for the U.S. District Court for Western Tennessee, sitting by designation. 779

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