In light of the Supreme Court’s decision in Swarthout v. Cooke, -U.S.-, 131 S.Ct. 859, 178 L.Ed.2d 732 (2011) (per curiam), the disposition filed on November 24, 2010 is withdrawn.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.Appx. 544 (9th Cir. 2010), in this court. The parties are requested to file a notice memorandum with the Clerk of this court as *23soon as decisions have been rendered in these cases.