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SCHELL v. WITEK

No. 97-56197.

218 F.3d 1017 (2000)

Wayne Dale SCHELL, Petitioner-Appellant, v. Larry WITEK, Warden; Bill Lockyer, Attorney General, State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2000

Attorney(s) appearing for the Case

Carol A. Klauschie, Pasadena, California, for the petitioner-appellant.

Steven D. Matthews, Deputy Attorney General, Los Angeles, California, for the respondents-appellees.

Before: HUG, Jr., Chief Judge, SCHROEDER, PREGERSON, O'SCANNLAIN, TROTT, FERNANDEZ, TASHIMA, THOMAS, SILVERMAN, GRABER, and FISHER, Circuit Judges.

OVERVIEW

TROTT, Circuit Judge:

Wayne Dale Schell ("Schell") appeals a district court judgment denying his 28 U.S.C. § 2254 pro se petition for a writ of habeas corpus.2 Without holding a requested evidentiary hearing into Schell's claims, the court predicated its decision on the Report and Recommendations of a magistrate judge. We have jurisdiction of this timely appeal pursuant to 28 U.S.C. § 2253.

Schell asserts...

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