
    Randy D. FISHER, Petitioner-Appellant, v. OREGON BOARD OF PAROLE AND POST PRISON SUPERVISION; Brian Belleque, Respondents-Appellees.
    No. 07-36096.
    United States Court of Appeals, Ninth Circuit.
    Feb. 2, 2011.
    Anthony David Bornstein, Esq., FPDOR — Federal Public Defender’s Office, Portland, OR, for Petitioner-Appellant.
    Jonathan W. Diehl, Esq., AGOR — Office of the Oregon Attorney General, Salem, OR, for Respondents-Appellees.
    D.C. No. CV-05-00829-PA, District of Oregon, Portland.
    Before: PAEZ and CLIFTON, Circuit Judges, and BURNS, District Judge.
    
      
       The Honorable Larry A. Burns, District Judge for the U.S. District Court for Southern California, San Diego, sitting by designation,
    
   ORDER

The Memorandum Disposition filed on January 18, 2011, is hereby withdrawn and vacated.

Within 14 days of the filing of this Order, each party shall submit a letter-brief addressing what effect, if any, the United States Supreme Court decision in Swarthout v. Cooke, 562 U.S. —, 131 S.Ct. 859, 178 L.Ed.2d 732 (2011) has on this matter. The letter-briefs shall not exceed five pages.

The court will file a new disposition in due course.  