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PAGTALUNAN v. GALAZA

No. 00-56697.

291 F.3d 639 (2002)

David P. PAGTALUNAN, Petitioner-Appellant, v. George GALAZA, Warden; Thomas Maddock, Acting Director, California Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2002.

Attorney(s) appearing for the Case

Verna Wefald, Pasadena, CA, for the petitioner-appellant.

Ana R. Duarte, Deputy Attorney General, Los Angeles, CA, for the respondents-appellees.

Before SCHROEDER, Chief Judge, TROTT and RAWLINSON, Circuit Judges.

OPINION

RAWLINSON, Circuit Judge.

Petitioner, David Pagtalunan ("Pagtalunan") appeals from the district court's second dismissal with prejudice of his habeas corpus petition. Pagtalunan asserts that the court abused its discretion on remand when it found that his objections to the magistrate judge's Report and Recommendation offered no reasonable excuse for Pagtalunan's delay. Based on its finding of inexcusable delay, the court dismissed Pagtalunan's petition...

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