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MARTINEZ v. KLAUSER

No. 00-35422.

266 F.3d 1091 (2001)

Salvador Martinez, Petitioner-Appellant, v. Joe Klauser, Warden, and Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Disposition Filed June 5, 2001.

Withdrawn September 12, 2001.

Filed September 18, 2001.

Attorney(s) appearing for the Case

Andrew H. Parnes, Ketchum, Idaho, for the petitioner-appellant.

Kenneth Robins, DAG, Boise, Idaho, for the respondent-appellee.

Before: M. Margaret McKeown, William A. Fletcher, and Johnnie B. Rawlinson, Circuit Judges.

Argued and Submitted January 10, 2001 — Seattle, Washington.

ORDER

This court's Memorandum disposition, filed June 5, 2001, is hereby withdrawn. The attached Opinion is filed in its place.

The petition for rehearing and petition for rehearing en banc, filed June 29, 2001, are denied as moot.

OPINION

W. FLETCHER, Circuit Judge:

Salvador Martinez appeals the district court's dismissal of his petition for a writ of habeas...

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