Cite as: 572 U. S. ____ (2014) 1

ALITO, J., dissenting SUPREME COURT OF THE UNITED STATES JEFFREY BEARD, SECRETARY, CALIFORNIA

DEPARTMENT OF CORRECTIONS AND

REHABILITATION, PETITIONER v.

GILBERT R. AGUILAR ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 13–677. Decided May 5, 2014 The petition for a writ of certiorari is denied. JUSTICE ALITO, with whom JUSTICE SCALIA joins, dis- senting from the denial of certiorari. I dissent from the Court’s decision to deny certiorari. See Tolan v. Cotton, ante, p. ___ (ALITO, J., concurring in the judgment).