Miller v. OR Parole Board, et al

Filing 920110202


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DOUGLAS RAY MILLER, Petitioner-Appellant, v. OREGON PAROLE BOARD AND POST PRISON SUPERVISION, Respondent-Appellee, and POST PRISON SUPERVISION, Respondent. No. 07-36086 D.C. No. CV-05-00440MWM District of Oregon, Portland ORDER Filed February 2, 2011 Before: Richard A. Paez and Richard R. Clifton, Circuit Judges, and Larry A. Burns,* District Judge. ORDER The Opinion filed on January 18, 2011, and reported at ___ F.3d ___ (9th Cir. 2011), 2011 WL 135041, is hereby withdrawn and vacated. Within 14 days of the filing of this Order, each party shall submit a letter-brief 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 Honorable Larry A. Burns, District Judge for the U.S. District Court for Southern California, San Diego, sitting by designation. 2069 2070 MILLER v. OREGON PAROLE BOARD The court will file a new disposition in due course.

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