FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

RICHARD D. HURLES, No. 08-99032 Petitioner-Appellant, D.C. No. v. 2:00-cv-0118-RCB CHARLES L. RYAN*, ORDER Respondent-Appellee.

Filed May 16, 2014 Before: Harry Pregerson, Dorothy W. Nelson, and Sandra S. Ikuta, Circuit Judges.

ORDER Petitioner’s motion to remand pursuant to Martinez v. Ryan, 132 S.Ct. 1309 (2012), filed February 11, 2013, is GRANTED in part and DENIED in part as discussed in the opinion filed together with this order.

IT IS SO ORDERED.

* Charles L. Ryan is substituted for his predecessor, Dora B. Schriro, as Director for the Arizona Department of Corrections. Fed. R. App. P. 43(c)(2).