FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

STEVEN ALAN LEVIN , No. 09-16362 Plaintiff-Appellant, D.C. No. v. 1:05-cv-00008 District of Guam, UNITED STATES OF AMERICA ; FRANK Agana M. BISHOP , LCDR, MC, USNR 3855, Defendants-Appellees, ORDER and ROBERT WRESCH , Movant-Appellee.

On Remand from the United States Supreme Court Filed May 23, 2013 Before: Diarmuid F. O’Scannlain, Richard C. Tallman, and Milan D. Smith, Jr., Circuit Judges.

2 LEVIN V . UNITED STATES ORDER The original decision entered by this court in this matter, reported at 663 F.3d 1059 (9th Cir. 2011), was reversed by the Supreme Court of the United States. See Levin v. United States, 133 S. Ct. 1224 (2013). We, in turn, reverse and remand to the district court for further proceedings on Levin’s battery claim, consistent with the Supreme Court’s opinion.

REVERSED and REMANDED.