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PRATT v. McCARTHY

No. 87-5540.

878 F.2d 331 (1989)

Elmer Gerard PRATT, Petitioner-Appellant, v. D.J. McCARTHY, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 7, 1989.

ORDER DENYING PETITION FOR REHEARING

We deny the petition for rehearing. We conclude that our decision does not conflict with United States v. Houser, 804 F.2d 565 (9th Cir.1986). In both Pratt and Houser, a convicted prisoner attempting to pursue an appeal of an adverse district court decision was told by his attorney that the attorney would file the notice of appeal; the attorney then failed to do so. Pratt...

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