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GUTIERREZ v. GRIGGS

No. 81-4037.

695 F.2d 1195 (1983)

Cesar Ramirez GUTIERREZ, Petitioner-Appellant, v. Bertram S. GRIGGS, Superintendent, California Institution for Men at Chino, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 7, 1983.

Attorney(s) appearing for the Case

Robert Valencia, Berkeley, Cal., for petitioner-appellant.

Michael I. Mintz, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before DUNIWAY, CHOY and HUG, Circuit Judges.

CHOY, Circuit Judge:

Cesar Gutierrez appeals from the district court's summary denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254(b). Gutierrez was convicted of murder and is now serving a life sentence in a California state prison. The principal issue in this appeal is whether a district court can summarily dismiss a habeas petition under Rule 4, 28 U.S.C., following § 2254 without first resolving whether a petitioner has exhausted...

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