FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARVIN VERNIS SMITH, No. 12-55860
Petitioner-Appellee,
D.C. No.
v. 8:11-cv-01076-ODW-MRW
RAUL LOPEZ, Warden,
Respondent-Appellant. ORDER
On Remand From The United States Supreme Court
Filed August 21, 2015
Before: Sidney R. Thomas, Chief Judge, Andrew D.
Hurwitz, Circuit Judge, and Ralph R. Beistline,* Chief
District Judge.
ORDER
In accordance with the Opinion of the Supreme Court in
Lopez v. Smith, 574 U.S. ___, 135 S. Ct. 1 (2014) (per
curiam), the judgment of the district court granting Smith’s
petition for a writ of habeas corpus is REVERSED, and the
matter is REMANDED for proceedings consistent with the
Supreme Court’s opinion.
*
The Honorable Ralph R. Beistline, Chief District Judge for the U.S.
District Court for the District of Alaska, sitting by designation.