
    David Alan SMITH, Petitioner-Appellant, v. Derek TAYLOR, Respondent-Appellee.
    No. 06-16033.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 18, 2006.
    
    Filed Sept. 25, 2006.
    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.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

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. 
      
       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.
     