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DUBRIA v. SMITH

No. 98-55914.

224 F.3d 995 (2000)

Samson DUBRIA, Petitioner-Appellant, v. G.A. SMITH, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed November 19, 1999.

Order Granting Rehearing Filed March 9, 2000

Argued and Submitted June 22, 2000

Filed September 11, 2000

Attorney(s) appearing for the Case

Charles M. Sevilla, Cleary & Sevilla, San Diego, CA, for petitioner-appellant.

Frederick R. Millar, Jr., Office of the State Attorney General, San Diego, CA, for respondent-appellee.

Before: HUG, Chief Judge, SCHROEDER, PREGERSON, FERNANDEZ, RYMER, T.G. NELSON, KLEINFELD, HAWKINS, THOMAS, GRABER, and GOULD, Circuit Judges.

Order Granting Rehearing En Banc Filed March 9, 2000

Argued and Submitted En Banc June 22, 2000

Opinion by Judge MICHAEL DALY HAWKINS: Dissent by Judge PREGERSON

MICHAEL DALY HAWKINS, Circuit Judge:

Dr. Samson Dubria ("Dubria"), a California state prisoner, appeals the district court's denial of his federal petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was heard originally before a three-judge panel of...

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