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BAILEY v. HILL

No. 09-35450.

599 F.3d 976 (2010)

Steven Ray BAILEY, Petitioner-Appellant, v. Jean HILL, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2010.

Attorney(s) appearing for the Case

Nell Brown, Assistant Federal Public Defender, Federal Public Defender's Office, Portland, OR, for petitioner-appellant Steven Ray Bailey.

Carolyn Alexander (argued), Assistant Attorney General, and Cecil A. Reniche-Smith, Assistant Attorney General, Oregon Department of Justice, Salem, OR, for respondent-appellee Jean Hill.

Before PAMELA ANN RYMER, RONALD M. GOULD and JAY S. BYBEE, Circuit Judges.

GOULD, Circuit Judge:

Steven Ray Bailey, an Oregon state prisoner, appeals the district court's denial of his habeas corpus petition, brought pursuant to 28 U.S.C. § 2254, challenging the state court's restitution order entered after Bailey's guilty plea to kidnapping and attempted assault. The district court denied Bailey's habeas petition and dismissed his case concluding that Bailey did not meet the "in custody" requirement of § 2254 because he challenged...

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