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ROMAN v. ESTELLE

No. 90-55165.

917 F.2d 1505 (1990)

Hubert A. ROMAN, Plaintiff-Appellant, v. Wayne E. ESTELLE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1990.

Attorney(s) appearing for the Case

Hubert A. Roman, San Luis Obispo, Cal., in pro per.

John K. Van De Kamp, Atty. Gen., State of Cal., Richard B. Iglehart, Chief Asst. Atty. Gen., Edward T. Fogel, Jr., Asst. Atty. Gen., Donald F. Roeschke, Deputy Atty. Gen., Los Angeles, Cal., for respondents-appellees.

Before REINHARDT and LEAVY, Circuit Judges, and KING, Senior District Court Judge.

SAMUEL P. KING, Senior District Judge:

The district court dismissed petitioner's habeas corpus action on the ground that petitioner had failed to exhaust his state court remedies. The district judge relied on Castille v. Peoples, 489 U.S. 346, 109 S.Ct. 1056, 103 L.Ed.2d 380 (1989), holding that a "petition for allocatur" to the Pennsylvania Supreme Court was not a "fair presentation" of a petitioner's claims to the Pennsylvania...

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