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CASSETT v. STEWART

No. 03-16573.

406 F.3d 614 (2005)

Gary Paul CASSETT, Petitioner-Appellant, v. Terry L. STEWART, Director, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2005.

Attorney(s) appearing for the Case

Jeffrey D. Bartolino, Tucson, AZ, for the petitioner-appellant.

Terry Goddard, Attorney General, Phoenix, AZ; Kent E. Cattani, Chief Counsel, Capital Litigation Section, Phoenix, AZ; Monica B. Klapper, Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for the respondent-appellee.

Before TASHIMA, THOMAS, and PAEZ, Circuit Judges.

PAEZ, Circuit Judge.

Petitioner Gary Paul Cassett ("Cassett") appeals from the district court's dismissal with prejudice of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. In a previous appeal, we "remand[ed] to the district court with directions to dismiss the petition because Cassett failed to exhaust his federal due process claim in the Arizona state courts." Cassett v. Stewart (Cassett I), 49 Fed.Appx. 154, 154 (9th Cir.2002...

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