Smith v. Cavazos

                     FOR PUBLICATION
  UNITED STATES COURT OF APPEALS
       FOR THE NINTH CIRCUIT

SHIRLEY REE SMITH,                               No. 04-55831
             Petitioner-Appellant,                  D.C. No.
               v.                               CV-01-04484-ABC
JAVIER CAVAZOS,* Acting Warden,                Central District of
             Respondent-Appellee.                  California,
                                                  Los Angeles

                                                     ORDER


    On Remand From The United States Supreme Court

                      Filed February 3, 2012

 Before: Harry Pregerson and William C. Canby, Jr., Circuit
 Judges, and Edward C. Reed, Jr.,** Senior District Judge.


                              ORDER

  In accordance with the opinion and judgment of the
Supreme Court of the United States in Cavazos v. Smith, 132
S.Ct. 2 (2011), pet. for rehearing denied, 2012 WL 33757
(U.S. Jan. 9, 2012), the judgment of the district court denying
Smith’s petition for a writ of habeas corpus is

  AFFIRMED.

   *Javier Cavazos is substituted as respondent pursuant to Fed. R. App.
P. 43(c)(2).
   **The Honorable Edward C. Reed, Jr., Senior District Judge for the
U.S. District Court for Nevada, sitting by designation.

                                 1061
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