The opinion
FILED
UNITED STATES COURT OF APPEALS FEB 02 2011
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS
RANDY D. FISHER, No. 07-36096
Petitioner - Appellant, D.C. No. CV-05-00829-PA
District of Oregon,
v. Portland
OREGON BOARD OF PAROLE AND
POST PRISON SUPERVISION; BRIAN ORDER
BELLEQUE,
Respondents - Appellees.
Before: PAEZ and CLIFTON, Circuit Judges, and BURNS,* District Judge.
The Memorandum Disposition filed on January 18, 2011, is hereby
withdrawn and vacated.
Within 14 days of the filing of this Order, each party shall submit a letter-
brief addressing what effect, if any, the United States Supreme Court decision in
Swarthout v. Cooke, 562 U.S. ____ (2011) has on this matter. The letter-briefs
shall not exceed five pages.
The court will file a new disposition in due course.
*
The Honorable Larry A. Burns, District Judge for the U.S. District
Court for Southern California, San Diego, sitting by designation.