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The Memorandum Disposition filed on January 18, 2011, is hereby withdrawn and vacated.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.