Smith v. McDaniel

Full title: Joseph Weldon SMITH, Petitioner-Appellant, v. E.K. McDANIEL, Warden…

Court: United States Court of Appeals, Ninth Circuit

Date published: Oct 12, 2010

399 F. App'x 278 (9th Cir. 2010)

Opinion

No. 08-99004.

Argued and Submitted October 5, 2010.

Filed October 12, 2010.

Gerald Bierbaum, Esquire, Assistant Federal Public Defender, Gary Taylor, Esquire, Assistant Federal Public Defender, Federal Public Defender's Office, Las Vegas, NV, for Petitioner-Appellant.

Joseph Weldon Smith, Ely, NV, pro se.

Jamie J. Resch, Esquire, Deputy Attorney General, Office of the Nevada Attorney General, Las Vegas, NV, for Respondent-Appellee.

Appeal from the United States District Court for the District of Nevada, James C. Mahan, District Judge, Presiding. D.C. No. 2:07-CV-00318-JCM-RJJ.

Before: KLEINFELD and GRABER, Circuit Judges, and MOLLOY, District Judge.^_

_ The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting by designation.

ORDER^__

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

Under Thompson v. Frank, 599 F.3d 1088, 1090 (9th Cir. 2010) (per curiam), we lack appellate jurisdiction to review the district court's stay-and-abeyance order. Accordingly, the appeal is DISMISSED.