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ALLEN v. CALDERON

No. 02-16917.

408 F.3d 1150 (2005)

Ernest Lee ALLEN, Petitioner-Appellant, v. Art CALDERON, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2005.

Attorney(s) appearing for the Case

David M. Porter, Assistant Federal Public Defender, Sacramento, CA, for the appellant.

Justain P. Riley, Deputy Attorney General, Sacramento, CA, for the appellee.

Before: O'SCANNLAIN, COWEN, and BEA, Circuit Judges.

COWEN, Circuit Judge:

Ernest Lee Allen appeals the district court's order dismissing his petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 for failure to prosecute. Specifically, Allen asserts that the district court erred in not considering the evidence of his incompetence before dismissing the petition.1 We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253 and will reverse and remand for further proceedings...

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