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HAMILTON v. NEWLAND

No. 02-15972.

374 F.3d 822 (2004)

Dennis Leroy HAMILTON, Petitioner, v. A.C. NEWLAND, Warden, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2004.

Attorney(s) appearing for the Case

Walter K. Pyle, Berkeley, CA, for the petitioner-appellant.

Gregory A. Ott, Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before: SCHROEDER, Chief Judge, THOMAS, and CLIFTON, Circuit Judges.

SCHROEDER, Chief Judge:

Dennis Leroy Hamilton appeals the district court's denial of his motion under Federal Rule of Civil Procedure 60(b)(6) in which he sought relief from the district court's order denying his petition for habeas corpus, 28 U.S.C. § 2254. Although the motion was clearly styled as one pursuant to 60(b)(6), the district court treated the motion as a second or successive habeas petition that lacked the required approval of this court. 28 U.S...

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