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OKOT v. CALLAHAN

No. 85-3598.

788 F.2d 631 (1986)

Justine Justus OKOT, Petitioner, v. William L. CALLAHAN, et al., Respondents.

United States Court of Appeals, Ninth Circuit.

Decided April 29, 1986.

Attorney(s) appearing for the Case

Justine Justus Okot, Walla Walla, Wash., petitioner.

Robert C. Hargreaves, Asst. Atty. Gen., Olympia, Wash., for respondents.

Before GOODWIN, SCHROEDER, and FLETCHER, Circuit Judges.

PER CURIAM:

Justine Justus Okot appeals from a district court order dismissing his habeas petition without prejudice and denying his petition for removal. We affirm the dismissal of the habeas petition, but vacate the order denying the removal petition and remand to the district court to allow it to remand the case to state court.

BACKGROUND

Okot brought a state habeas proceeding, asserting that he had not made a knowing and voluntary waiver of his...

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