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KOERNER v. GRIGAS

No. 01-15345.

328 F.3d 1039 (2003)

Kelly KOERNER, Petitioner-Appellant, v. George A. GRIGAS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2003.

Attorney(s) appearing for the Case

Kelly Koerner, Petitioner-Appellant, Carson City, NV, appearing pro se.

David K. Neidert, Deputy Attorney General, Carson City, NV, for Respondent-Appellee.

Before D.W. NELSON, BEEZER and McLANE WARDLAW, Circuit Judges.

Opinion by Judge D.W. NELSON; Dissent by Judge BEEZER.

OPINION

D.W. NELSON, Senior Circuit Judge.

Petitioner Kelly Koerner ("Koerner"), a Nevada prisoner serving a sentence of life imprisonment without the possibility of parole, appeals the district court's dismissal of his petition for writ of habeas corpus under 28 U.S.C. § 2254. On appeal, Koerner has pursued only his claim that he was denied a direct appeal from his original conviction....

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