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HORTON v. MAYLE

No. 03-56618.

408 F.3d 570 (2005)

James F. HORTON, II, Petitioner-Appellant, v. Deneice MAYLE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2005.

Attorney(s) appearing for the Case

Michael Rubin and Dorothea K. Langsam, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA, for the petitioner-appellant.

Lance E. Winters, Supervising Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before B. FLETCHER, RYMER, and PAEZ, Circuit Judges.

Opinion by Judge RYMER; Opinion by Judge PAEZ; Dissent by Judge RYMER.

RYMER, Circuit Judge.

James F. Horton, II, a California state prisoner, appeals from the denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We agree with the magistrate judge's analysis, adopted by the district court, and affirm on all issues except for Horton's claim that his rights under Brady v. Maryland, 373 U.S. 83, 83 S...

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