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MEDINA v. HORNUNG

No. 02-56484.

386 F.3d 872 (2004)

Alan MEDINA, Petitioner-Appellant, v. Thomas HORNUNG, Warden, of Donovan State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2004.

Amended September 29, 2004.

Attorney(s) appearing for the Case

Charles M. Sevilla, Cleary & Sevilla, LLP, San Diego, CA, for the petitioner-appellant.

Steven T. Oetting, Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before: NOONAN, TALLMAN, and RAWLINSON, Circuit Judges.

ORDER AND AMENDED OPINION

RAWLINSON, Circuit Judge.

ORDER

The opinion filed June 23, 2004, is amended as follows:

1. Slip Opinion page 8374, first full paragraph: a. Line 1—replace "Alex" with "Alan." b. Line 4—insert a space between " § " and "245." 2. Slip opinion page 8375, line 6, starting with "Further"—delete from this word to the end...

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