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DILS v. SMALL

No. 99-55412.

260 F.3d 984 (2001)

Robert K. DILS, Petitioner-Appellant, v. Larry SMALL, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred December 18, 2000.

Submitted July 30, 2001.

Filed August 6, 2001.

Attorney(s) appearing for the Case

Lauren Eskenazi, Deputy Federal Public Defender, Los Angeles, California, for the petitioner-appellant.

David P. Druliner, Chief Assistant Attorney General; Carol Wendelin Pollack, Senior Assistant Attorney General; Kenneth C. Byrne, Supervising Deputy Attorney General; Beverly K. Falk, Deputy Attorney General, Los Angeles, California, for the respondents-appellees.

Before: HARRY PREGERSON, JOHN T. NOONAN, and BARRY G. SILVERMAN, Circuit Judges.

Submitted July 30, 2001 — Pasadena, California.

Opinion by Judge NOONAN; Concurrence by Judge PREGERSON

NOONAN, Circuit Judge:

Robert K. Dils appeals the dismissal of his petition for habeas corpus. The case presents a persistent petitioner whose persistence has not resulted in an adjudication of his federal appeal on the merits. Because of controlling congressional legislation, we lack jurisdiction over his latest effort.

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