DOUGLAS RAY MILLER, Petitioner-Appellant, v. OREGON PAROLE BOARD AND POST PRISON SUPERVISION, Respondent-Appellee, and POST PRISON SUPERVISION, Respondent.
No. 07-36086
United States Court of Appeals, Ninth Circuit
February 2, 2011
D.C. No. CV-05-00440-MWM District of Oregon, Portland
Filed February 2, 2011
Before: Richard A. Paez and Richard R. Clifton, Circuit Judges, and Larry A. Burns,* District Judge.
ORDER
The Opinion filed on January 18, 2011, and reported at ___ F.3d ___ (9th Cir. 2011), 2011 WL 135041, is hereby withdrawn and vacated.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.
