FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

DOUGLAS RAY MILLER,  Petitioner-Appellant, No. 07-36086 v. D.C. No. OREGON PAROLE BOARD AND POST CV-05-00440- PRISON SUPERVISION,  MWM Respondent-Appellee, District of Oregon, and Portland POST PRISON SUPERVISION, ORDER Respondent.  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 with- drawn 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 Honorable Larry A. Burns, District Judge for the U.S. District Court for Southern California, San Diego, sitting by designation.

2069 2070 MILLER v. OREGON PAROLE BOARD The court will file a new disposition in due course.