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KIBLER v. WALTERS

No. 98-35536.

220 F.3d 1151 (2000)

Robert C. KIBLER, Petitioner-Appellant, v. Kay WALTERS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted September 14, 1999.

Memorandum Filed October 27, 1999.

Order Filed December 2, 1999.

Amended January 14, 2000.

Second Amendment July 20, 2000.

Attorney(s) appearing for the Case

Peter J. Avenia, Assistant Federal Public Defender, Tacoma, Washington, for the petitioner-appellant.

Daniel J. Judge, Assistant Attorney General, Olympia, Washington, for the respondent-appellee.

Before: GOODWIN and SCHROEDER, Circuit Judges, and SCHWARZER, Senior District Judge.

ORDER

SCHWARZER, Senior District Judge:

The opinion filed October 27, 1999, heretofore published at 197 F.3d 1251 (1999) is amended as follows:

After "hearing" at p. 1252, line 1, add the following footnote: Kibler's remaining purported ineffective assistance claim was captioned in his petition as follows: "Should the petitioner have been granted an in camera evidentiary hearing on those claims of ineffective...

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