Clay

FILED

NOT FOR PUBLICATION AUG 20 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELIJAH CLAY, No. 07-55377

Petitioner - Appellee, D.C. No. CV-04-08663-VAP Central District of California, v. Los Angeles

A. P. KANE,

ORDER

Respondent - Appellant.

On Remand from the United States Supreme Court

Before: PREGERSON and WARDLAW, Circuit Judges, and LEIGHTON, District Judge.*

In light of the Supreme Court’s opinion in Swarthout v. Cooke, 131 S.Ct.

859 (2011), this case is remanded to the district court for further proceedings

consistent with that opinion.

* The Honorable Ronald B. Leighton, United States District Judge for the Western District of Washington, sitting by designation.