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PEREZ v. ROSARIO

No. 04-15279.

459 F.3d 943 (2006)

Albino PEREZ, Petitioner-Appellant, v. Terry ROSARIO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred December 8, 2005.

Resubmitted May 22, 2006.

Filed May 22, 2006.

Amended July 13, 2006.

Attorney(s) appearing for the Case

Kent A. Russell, Russell and Russell, San Francisco, CA, argued the cause for the petitioner-appellant and was on the briefs.

Christopher W. Grove, Deputy Attorney General of the State of California, San Francisco, CA, argued the cause for the respondent-appellee; Bill Lockyer, Attorney General of the State of California, was on the brief for the respondent-appellee.

Before DIARMUID F. O'SCANNLAIN, ROBERT E. COWEN, and CARLOS T. BEA, Circuit Judges.

ORDER AND AMENDED OPINION

O'SCANNLAIN, Circuit Judge.

ORDER

The opinion filed on May 22, 2006 is amended as follows:

Slip Op. 5555. Insert the following footnote after the final paragraph in Part IV:

Because Perez requested an evidentiary hearing in California state court, he would be entitled to an evidentiary hearing on disputed facts if "(1) he has alleged facts that, if proven, would...

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