FILED NOT FOR PUBLICATION JAN 27 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TERRY DARRYL KITCHEN, Jr., No. 14-70299

Petitioner,

v. ORDER* MARION SPEARMAN,

Respondent.

Appeal from the United States District Court for the Eastern District of California

Argued and Submitted December 12, 2014 Resubmitted January 27, 2017 San Francisco, California

Before: O’SCANNLAIN, N.R. SMITH, and HURWITZ, Circuit Judges.

The Application for Leave to File Second or Successive Petition, filed with

this court on February 3, 2014, is GRANTED.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.