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BUTZ v. MENDOZA-POWERS

No. 06-71137.

474 F.3d 1193 (2007)

George Franklin BUTZ, Petitioner, v. Kathy MENDOZA-POWERS, Acting Warden, Respondent.

United States Court of Appeals, Ninth Circuit.

February 1, 2007.

Attorney(s) appearing for the Case

Rich Pfeiffer, Santa Ana, California, for the petitioner.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, and Tita Nguyen, Deputy Attorney General, for the respondent.

Before MARY M. SCHROEDER, Chief Judge, STEPHEN REINHARDT and MICHAEL DALY HAWKINS, Circuit Judges.

ORDER

PER CURIAM.

Petitioner George Franklin Butz ("Butz") filed an application for permission to file a second or successive petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Butz seeks consideration of the merits of claims presented in his first habeas petition. The district court dismissed that petition with prejudice for failure to prosecute, including failure to pay the filing fee. The district court did not consider the merits of...

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