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WOOTEN v. KIRKLAND

No. 06-56575.

540 F.3d 1019 (2008)

James D. WOOTEN, Petitioner-Appellant, v. R. KIRKLAND, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2008.

Attorney(s) appearing for the Case

Jeffrey D. Price, Santa Monica, CA, for the petitioner-appellant.

Carl N. Henry, Deputy Attorney General for the State of California, Los Angeles, CA, for the respondent-appellee.

Before: WILLIAM C. CANBY, JR., JAY S. BYBEE, and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

Petitioner-Appellant, James Wooten, was convicted of murder in the first degree in California state court. After unsuccessful direct appeals, Wooten petitioned for a writ of habeas corpus under 28 U.S.C. § 2254 in the United States District Court for the Central District of California. The district court dismissed Wooten's petition because of his failure to exhaust all issues that were the subject of the petition. Wooten appeals...

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