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SMITH v. WASDEN

No. 12-35275.

749 F.3d 1105 (2014)

Lanny SMITH, Petitioner-Appellant, v. Lawrence WASDEN and Brent Reinke, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

April 11, 2014.

Attorney(s) appearing for the Case

Elisa G. Massoth, Esquire , Elisa G. Massoth, PLLC, Payette, ID, Petitioner-Appellant.

L. Lamont Anderson , Office of the Idaho Attorney General Boise, ID, for Respondents-Appellees.

Before: PREGERSON, MURGUIA, and CHRISTEN, Circuit Judges.

ORDER

This case is remanded to the district court. The district court shall exercise its discretion to establish a briefing schedule allowing Petitioner-Appellant Smith a reasonable amount of time to complete review of the supplemental discovery provided by the State, and to file a supplement to his habeas petition, or to re-file an updated original habeas petition, and to allow for responsive briefing.

This panel will retain jurisdiction over any future...

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