White v. Kane
This text of White v. Kane (White v. Kane) 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
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
DUSHUN A. WHITE, No. 06-55940 Petitioner-Appellant, v. D.C. No. CV-05-08237-GAF A. P. KANE, ORDER Respondent-Appellee. Appeal from the United States District Court for the Central District of California Gary A. Feess, District Judge, Presiding
Submitted February 7, 2011* Pasadena, California
Filed February 14, 2011
Before: Dorothy W. Nelson, Stephen Reinhardt, and N. Randy Smith, Circuit Judges.
COUNSEL
Arthur Henry Weed, Santa Barbara, California, for the petitioner-appellant.
Heather Bushman, Deputy Attorney General, Office of the California Attorney General, Los Angeles, California, for the respondent-appellee.
* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
2325 2326 WHITE v. KANE ORDER
Respondent-Appellee Kane’s motion to dismiss this case is granted. In light of the Supreme Court’s recent decision in Swarthout v. Cooke, ___ S. Ct. ___, 2011 WL 197627 (Jan. 24, 2011), Petitioner White’s request for a certificate of appealability is foreclosed.
The motion to dismiss is GRANTED.
DISMISSED.
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