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IN RE ROE

No. 01-70967.

257 F.3d 1077 (2001)

In re: Ernie ROE, Warden. Ernie Roe, Warden, Petitioner, v. United States District Court for the Northern District of California, Respondent, Glen Nickerson, Jr., Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Order filed June 15, 2001.

Order withdrawn July 24, 2001.

Filed July 24, 2001.

Attorney(s) appearing for the Case

Gregory A. Ott, Deputy Attorney General, San Francisco, California, for the petitioner.

M. Gerald Schwartzbach, Mill Valley, California, and Edward M. Sousa, San Jose, California, for the real party in interest.

Before: Diarmuid F. O'SCANNLAIN, BARRY G. SILVERMAN and RONALD M. GOULD, Circuit Judges.

OPINION

PER CURIAM:

On April 16, 1987, Real Party in Interest Glen Nickerson, Jr. was convicted of two counts of first degree murder and one count of attempted murder in California state court and was sentenced to life in prison without the possibility of parole. Following unsuccessful efforts to secure state post-conviction relief, Nickerson filed a petition for writ of habeas corpus in federal district court...

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