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HUNT v. PLILER

No. 01-56963.

336 F.3d 839 (2003)

Joseph HUNT, Petitioner-Appellant, v. Cheryl PLILER, Warden CSP-Sac; Cal Terhune, Director of the CDC; California Department of Corrections; California State Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2003.

Amended July 8, 2003.

Attorney(s) appearing for the Case

Eric S. Multhaup, Mill Valley, CA, for the petitioner-appellant.

Richard B. Cullather, Deputy Attorney General, for the respondents-appellees.

Before D.W. NELSON and T.G. NELSON, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge.

Joseph Hunt appeals the dismissal with prejudice of his habeas corpus petition. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we vacate and remand because the district court failed to proceed in conformity with 28 U.S.C. § 636.

FACTUAL AND PROCEDURAL BACKGROUND

On April 22, 1987, Joseph Hunt was convicted by a jury of the murder and robbery of...

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