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CUMMINGS v. MARTEL

No. 11-99011.

822 F.3d 1010 (2016)

Raynard Paul CUMMINGS, Petitioner-Appellant, v. Michael MARTEL, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

April 29, 2016.

Attorney(s) appearing for the Case

K. Elizabeth Dahlstrom , Deputy Federal Public Defender, FPDCA-Federal Public Defender's Office, Santa Ana, CA, Elizabeth Richardson-Royer , Deputy Federal Public Defender, FPDCA-Federal Public Defender's Office, Statia Peakheart, Los Angeles, CA, for Petitioner-Appellant.

Lance Winters , AGCA-Office of the California Attorney General, Los Angeles, CA, for Respondent-Appellee.

Before: SIDNEY R. THOMAS, Chief Judge, and DIARMUID F. O'SCANNLAIN and M. MARGARET McKE OWN, Circuit Judges.

ORDER

The opinion filed on August 11, 2015, slip op. 11-99011, and appearing at 796 F.3d 1135 (9th Cir.2015), is amended as follows. At op. page 1142-43 n. 2, replace the current footnote with the following footnote text:

Chief Judge Thomas's dissent sidesteps AEDPA and reviews Turner's special relationship prong de novo because, in his view, the California Supreme Court improperly layered a prejudice-balancing test...

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