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DAWSON v. MARSHALL

No. 06-56454.

561 F.3d 930 (2009)

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

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2009.

Amended March 6, 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.

ORDER AND AMENDED OPINION

O'SCANNLAIN, Circuit Judge:

ORDER

The opinion filed on February 9, 2009, is amended as follows:

At page 1463 of the slip opinion, line 8, after the sentence concluding "`findings or recommendations to which objection is made,'" insert a footnote 2, reading <We note that review by a district judge of a magistrate judge's findings or recommendations is not the same thing as review by an appellate judge of a trial...

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