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ALLEN v. WOODFORD

No. 01-99011.

395 F.3d 979 (2005)

Clarence Ray ALLEN, Petitioner-Appellant, v. Jeanne S. WOODFORD, Warden, of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2004.

Amended January 24, 2005.

Attorney(s) appearing for the Case

Michael Satris, Bolinas, CA, and Michael Thorman, Hayward, CA, for the appellant.

Ward A. Campbell, Supervising Deputy Attorney General, Sacramento, CA, for the appellee.

Before: GRABER, WARDLAW, and CLIFTON, Circuit Judges.

ORDER

The Opinion filed on May 6, 2004 and appearing at 366 F.3d 823 (9th Cir.2004), is amended as follows: On slip opinion page 5831 [366 F.3d at 854] insert the following language at the end of the first paragraph:

We do not hold that humanizing, non-exculpatory evidence can never be enough to establish prejudice. Rather, we simply hold that the quality and quantity of the particular evidence offered by Allen,...

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