White v. Kane

Ninth Circuit Court of Appeals

Submitted Feb. 7, 2011.*

Filed Feb. 14, 2011.

Ninth Circuit Court of Appeals · decided 2011-02-14

2 counsel of record

Relies on Swarthout v. Cooke · Swarthout v. Cooke

Decided 2011-02-14

¶1Arthur Henry Weed, Santa Barbara, CA, for the petitioner-appellant.

¶2Heather Bushman, Deputy Attorney General, Office of the California Attorney General, Los Angeles, CA, for the respondent-appellee.

¶3Before: D.W. NELSON, STEPHEN REINHARDT, and N. RANDY SMITH, Circuit Judges.

¶5ORDER

¶6Respondent-Appellee Kane’s motion to dismiss this case is granted. In light of the Supreme Court’s recent decision in Swarthout v. Cooke, — U.S. —, 131 S.Ct. 859, 178 L.Ed.2d 732 (2011), Petitioner White’s request for a certificate of appealability is foreclosed.

¶7The motion to dismiss is GRANTED.

¶8DISMISSED.