Joseph Smith v. E. McDaniel
This text of Joseph Smith v. E. McDaniel (Joseph Smith v. E. McDaniel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FILED NOT FOR PUBLICATION OCT 12 2010
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSEPH WELDON SMITH, No. 08-99004
Petitioner - Appellant, D.C. No. 2:07-CV-00318-JCM- RJJ v.
E.K. MCDANIEL, Warden, ORDER *
Respondent - Appellee.
Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding
Argued and Submitted October 5, 2010 San Francisco, California
Before: KLEINFELD and GRABER, Circuit Judges, and MOLLOY, District Judge.**
Under Thompson v. Frank, 599 F.3d 1088, 1090 (9th Cir. 2010) (per
curiam), we lack appellate jurisdiction to review the district court’s stay-and-
abeyance order. Accordingly, the appeal is DISMISSED.
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting by designation.
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