FILED NOT FOR PUBLICATION AUG 20 2012 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

ELIJAH CLAY, No. 07-55377 Petitioner - Appellee, D.C. No. CV-04-08663-VAP Central District of California, v. Los Angeles A. P. KANE, ORDER Respondent - Appellant.

On Remand from the United States Supreme Court

Before: PREGERSON and WARDLAW, Circuit Judges, and LEIGHTON, District Judge.* In light of the Supreme Court’s opinion in Swarthout v. Cooke, 131 S.Ct. 859 (2011), this case is remanded to the district court for further proceedings consistent with that opinion.

* The Honorable Ronald B. Leighton, United States District Judge for the Western District of Washington, sitting by designation.