Court of Appeals for the Ninth Circuit October 29, 2010, 04-55831 (Smith v. Cavazos)

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SHIRLEY REE SMITH,  No. 04-55831

Petitioner-Appellant,

v.  D.C. No.

CV-01-04484-ABC

GWENDOLYN MITCHELL,

OPINION

Respondent-Appellee.



On Remand from the Supreme Court of the United States

Filed October 29, 2010

Before: Harry Pregerson and William C. Canby, Jr.,

Circuit Judges, and Edward C. Reed, Jr.,

Senior District Judge.