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ALLEN v. ORNOSKI

Nos. 06-99001, 06-70206.

435 F.3d 946 (2005)

Clarence Ray ALLEN, Petitioner-Appellant, v. Steven W. ORNOSKI, Warden, of the California State Prison at San Quentin; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed January 15, 2006.

Attorney(s) appearing for the Case

Michael Satris, Bolinas, CA, for the appellant.

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

Before GRABER, WARDLAW, and CLIFTON, Circuit Judges.

WARDLAW, Circuit Judge.

Clarence Ray Allen appeals from the district court's order denying and dismissing in part his second petition for writ of habeas corpus and denying his requests for a stay of execution and for the issuance of a certificate of appealability on his Eighth Amendment claim based upon age and physical infirmity. He seeks a certificate of appealability and consideration on the merits of his age and physical infirmity claim, which, he argues, encompasses...

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