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ANTHONY v. CAMBRA

No. 99-15458.

236 F.3d 568 (2000)

Michael ANTHONY, Petitioner-Appellant, v. Steven CAMBRA, Jr., Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 15, 2000.

Attorney(s) appearing for the Case

David W. Fermino, Office of the Federal Public Defender, San Francisco, California, for the appellant.

Sharon G. Birenbaum, Deputy Attorney General, San Francisco, California, for the appellee.

Harry Simon, Deputy Federal Public Defender, C. Rene Manes, Deputy Federal Public Defender, Los Angeles, California, Joseph Schlesinger, Supervising Deputy Federal Public Defender, Sacramento, California, Larry Kupers, Deputy Federal Public Defender, San Francisco, California, John Grele, San Francisco, California, for amicus California Appellate Project.

Before: William C. CANBY, Jr., Stephen REINHARDT, Ferdinand F. and FERNANDEZ, Circuit Judges.

Argued and Submitted July 11, 2000 — San Francisco, California.

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

REINHARDT, Circuit Judge:

Michael Anthony appeals the district court's denial of his motion to amend his habeas corpus petition filed under 28 U.S.C. § 2254. He also appeals the district court's denial, on the merits, of his unamended petition. We affirm in part, reverse in part, and remand...

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