Leavitt

FILED

FOR PUBLICATION JUN 08 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD A. LEAVITT, No. 12-35427

Petitioner - Appellant, D.C. No. 1:93-cv-00024-BLW

v.

OPINION

A. J. ARAVE,

Respondent - Appellee.

RICHARD A. LEAVITT, No. 12-35450

Petitioner - Appellant, D.C. No. 1:93-cv-00024-BLW

v.

A. J. ARAVE,

Respondent - Appellee.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding

Argued and Submitted June 7, 2012 Pasadena, California

Filed June 8, 2012 page 2 Before: KOZINSKI, Chief Judge, REINHARDT and BERZON, Circuit Judges.

PER CURIAM:

Richard Leavitt is a convicted murderer who was sentenced to death by the

state of Idaho. ER 3 (No. 12-35450). We have dealt with his case on two prior

occasions. See Leavitt v. Arave, 383 F.3d 809 (9th Cir. 2004) (Leavitt I); Leavitt

v. Arave, 646 F.3d 605 (9th Cir. 2011) (Leavitt II). Subsequent to our last decision

the Supreme Court denied certiorari, ending his habeas suit. ER…