White v. Kane

Filing 920110214

Opinion

Download PDF
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DUSHUN A. WHITE, Petitioner-Appellant, v. A. P. KANE, Respondent-Appellee. No. 06-55940 D.C. No. CV-05-08237-GAF ORDER Appeal from the United States District Court for the Central District of California Gary A. Feess, District Judge, Presiding Submitted February 7, 2011* Pasadena, California Filed February 14, 2011 Before: Dorothy W. Nelson, Stephen Reinhardt, and N. Randy Smith, Circuit Judges. COUNSEL Arthur Henry Weed, Santa Barbara, California, for the petitioner-appellant. Heather Bushman, Deputy Attorney General, Office of the California Attorney General, Los Angeles, California, for the respondent-appellee. * The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2325 2326 WHITE v. KANE ORDER Respondent-Appellee Kane's motion to dismiss this case is granted. In light of the Supreme Court's recent decision in Swarthout v. Cooke, ___ S. Ct. ___, 2011 WL 197627 (Jan. 24, 2011), Petitioner White's request for a certificate of appealability is foreclosed. The motion to dismiss is GRANTED. DISMISSED.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?