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PRELLWITZ v. SISTO

No. 09-16142.

657 F.3d 1035 (2011)

Steven Anthony PRELLWITZ, Petitioner-Appellee, v. D.K. SISTO, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2011.

Attorney(s) appearing for the Case

Joshua M. Salzman , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for the petitioner-appellee.

Christopher J. Rench , Deputy Attorney General, Sacramento, CA, for the respondent-appellant.

Opinion by Judge GRABER, Concurrence by Judge O'SCANNLAIN.

OPINION

GRABER, Circuit Judge:

Petitioner Steven Prellwitz filed a petition for habeas corpus, challenging the California Board of Parole Hearings' ("Board") denial of his parole. Defendant, Warden D.K. Sisto, appeals the district court's order instructing the Board to conduct a new parole hearing. Because the district court's order was not a final decision, we dismiss the appeal for lack of appellate jurisdiction.

A. Factual and Procedural Background...

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