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WHITE v. KANE

No. 06-55940.

634 F.3d 1036 (2011)

Dushun A. WHITE, Petitioner-Appellant, v. A.P. KANE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2011.

Attorney(s) appearing for the Case

Arthur Henry Weed , Santa Barbara, CA, for the petitioner-appellant.

Heather Bushman , Deputy Attorney General, Office of the California Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: D.W. NELSON, STEPHEN REINHARDT, and N. RANDY SMITH, Circuit Judges.

ORDER

Respondent-Appellee Kane's motion to dismiss this case is granted. In light of the Supreme Court's recent decision in Swarthout v. Cooke, ___ U.S. ___, 131 S.Ct. 859, 178 L.Ed.2d 732 (2011), Petitioner White's request for a certificate of appealability is foreclosed.

The motion to dismiss is GRANTED.

DISMISSED...

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