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DAWSON v. MARSHALL

No. 06-56454.

555 F.3d 798 (2009)

Donald E. DAWSON, Petitioner-Appellant, v. John MARSHALL, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2009.

Attorney(s) appearing for the Case

Peter R. Afrasiabi, Turner Green LLP, Costa Mesa, CA, argued the cause for the appellant and filed the briefs.

Heather M. Heckler, Deputy Attorney General for the State of California, Sacramento, CA, argued the cause for the appellee and filed the brief. Edmund G. Brown, Jr., Attorney General of the State of California; Dane R. Gillette, Chief Assistant Attorney General; Julie L. Garland, Senior Assistant Attorney General; and Jennifer A. Neill, Supervising Deputy Attorney General; were also on the brief.

Before: CYNTHIA HOLCOMB HALL, DIARMUID F. O'SCANNLAIN, and RICHARD A. PAEZ, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

May an Article III judge decide a habeas petition on which he had issued findings and recommendations in his prior capacity as a magistrate judge?

I

Donald Dawson is serving a term of 26 years to life for the first degree murder of his ex-wife in the mid-1980s. In July of 2001, Dawson sought parole from the California Board of Paroles, which found him unsuitable. After unsuccessfully petitioning for a writ of habeas corpus...

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