Case: 09-56073 08/19/2010 Page: 1 of 2

ID: 7445650 DktEntry: 75

FILED
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
AUG 19 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

RICHARD I. FINE, Petitioner - Appellant, v. SHERIFF OF LOS ANGELES COUNTY; et al., Respondents - Appellees.

No. 09-56073 D.C. No. 2:09-cv-01914-JFW-CW Central District of California, Los Angeles

ORDER

Before: REINHARDT, TROTT and WARDLAW, Circuit Judges. Richard Fine requests that this panel vacate its December 16, 2009, decision affirming the district court’s denial of his petition for habeas corpus. Fine asserts that new information undermines our prior decision. We affirmed the district court’s conclusion that the state court’s contempt finding was not “contrary to,” and did not “involve[] an unreasonable application of, clearly established Federal law,” 28 U.S.C. § 2254(d)(1), because Judge Yaffe’s refusal to recuse himself did not present a “probability of actual bias . . . too high to be constitutionally tolerable,” Caperton v. A. T. Massey Coal Co., Inc., 129 S. Ct. 2252, 2257 (2009) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)). Nothing

Case: 09-56073 08/19/2010 Page: 2 of 2

ID: 7445650 DktEntry: 75

alleged in Fine’s current petition demonstrates that a constitutionally intolerable probability of actual bias existed. Therefore, the petition to vacate the panel’s December 16, 2009, decision is DENIED.

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