FILED UNITED STATES COURT OF APPEALS JAN 31 2011 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

RON MOSLEY, No. 08-15327 Petitioner - Appellant, D.C. No. CV-05-04260-TEH Northern District of California, v. San Francisco S. OROSKI, ORDER Respondent - Appellee.

RON MOSLEY, No. 08-15389 Petitioner - Appellant, D.C. No. CV-05-04260-TEH Northern District of California, v. San Francisco S. OROSKI, Respondent - Appellee.

Before: ALARCÓN and RYMER, Circuit Judges.

In light of the Supreme Court’s decision in Swarthout v. Cooke, No. 10-333, 2011 WL 197627 (Jan. 24, 2011) (per curiam), the disposition filed on November 24, 2010 is withdrawn. Further proceedings are stayed pending final resolution of Cooke v. Solis, 606 F.3d 1206 (9th Cir. 2010), and Clay v. Kane, 384 Fed. App’x (9th Cir. 2010), in this court. The parties are requested to file a notice memorandum with the Clerk of this court as soon as decisions have been rendered in these cases.