Miller v. OR Parole Board, et al
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ORDER The Opinion filed on January 18, 2011, and reported at ___ F.3d ___ (9th Cir. 2011), 2011 WL 135041, is hereby withdrawn and vacated.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.
MILLER v. OREGON PAROLE BOARD
The court will file a new disposition in due course.
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