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WHITE v. KLITZKIE

No. 00-16347.

281 F.3d 920 (2002)

Jackery B. WHITE, Petitioner, v. Robert KLITZKIE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 20, 2002.

Attorney(s) appearing for the Case

Elizabeth A. Fisher, Honolulu, HI, for the petitioner.

Tricia R.S. Ada, Deputy Attorney General, Hagatna, GU, for the respondent.

Before THOMPSON, O'SCANNLAIN, and BERZON, Circuit Judges.

Opinion by Judge THOMPSON; Dissent by Judge BERZON

DAVID R. THOMPSON, Circuit Judge.

Jackery B. White, a prisoner serving a sentence imposed by the Territory of Guam, appeals the district court's dismissal of his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. The district court determined that White's petition was procedurally barred and unexhausted, and denied his request for a certificate of appealability. We granted a certificate...

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