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HAMILTON v. CALDERON

No. 97-80702.

134 F.3d 938 (1998)

Bernard Lee HAMILTON, Petitioner, v. Arthur CALDERON, Warden, Respondent.

United States Court of Appeals, Ninth Circuit.

January 16, 1998.

Attorney(s) appearing for the Case

Bernard Hamilton, San Quentin, California, in pro se for Petitioner.

Pat Zaharopoulos, Deputy Attorney General, San Diego, California, for Respondent.

Before: SCHROEDER, FLETCHER, and TROTT, JJ.

ORDER

Hamilton, pro se, has applied for authorization to file a subsequent petition in district court. We deny authorization for two reasons:

A final judgment imposing sentence has not been entered in his case. Phillips v. Vasquez, 56 F.3d 1030 (9th Cir.1995), relied on by Hamilton, does not apply to his case. The extreme delay in the California Supreme Court's review of Phillips' sentence is not this case. Hamilton...

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