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JAMES v. GILES

No. 98-56751.

221 F.3d 1074 (2000)

Douglas JAMES, Petitioner-Appellant, v. R.A. GILES, Daniel E. Lungren, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2000.

Attorney(s) appearing for the Case

Verna Wefald, Pasadena, CA, for petitioner-appellant.

Douglas L. Wilson, Deputy Attorney General, Los Angeles, CA, for respondents-appellees.

Before: CANBY and FLETCHER, Circuit Judges, and SEDWICK, District Judge.

CANBY, Circuit Judge:

Douglas James is a state prisoner serving three consecutive life sentences for kidnaping and robbery. The district court dismissed James' petition for federal habeas review because it contained both exhausted and unexhausted claims. See Rose v. Lundy, 455 U.S. 509, 510, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). Although the court dismissed his petition without prejudice, James may be precluded from deleting...

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