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FARMER v. McDANIEL

No. 95-99016.

98 F.3d 1548 (1996)

Robert Jeffrey FARMER, Petitioner-Appellee, v. E.K. McDANIEL; Attorney General of the State of Nevada, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1996.

Attorney(s) appearing for the Case

Robert E. Wieland, Deputy Attorney General, Carson City, NV, for respondents-appellants.

Michael Pescetta, Assistant Federal Public Defender, Las Vegas, NV, for petitioner-appellee.

Before: SCHROEDER, RYMER and KLEINFELD, Circuit Judges.

RYMER, Circuit Judge:

This appeal requires us to consider a novel, but narrow question: whether an amended third habeas corpus petition by a prisoner in state custody may be subject to dismissal for abuse of the writ even though prior petitions were dismissed for failure to exhaust and thus were not reviewed on the merits.1 The district court thought not, but the State of Nevada wants the opportunity to argue that Robert Jeffrey Farmer...

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