Smith v. Taylor

Full title: David Alan SMITH, Petitioner-Appellant, v. Derek TAYLOR…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 25, 2006

202 F. App'x 266 (9th Cir. 2006)

Opinion

Submitted September 18, 2006. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

David Alan Smith, Julian, CA, pro se.

Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding.

Before: O'SCANNLAIN, GRABER and CLIFTON, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Appellant's motion for summary reversal of the district court's December 6, 2005 judgment is granted. See 9th Cir. R. 3-6(a); Schardt v. Payne, 414 F.3d 1025, 1038 (9th Cir.2005); United States v. Sanchez-Cervantes, 282 F.3d 664, 665 (9th Cir.2002). This case is remanded to the district court for further consideration.

All pending motions are denied as moot.

REVERSED and REMANDED.