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COX v. AYERS

No. 07-99010.

613 F.3d 883 (2009)

Tiequon Aundray COX, Petitioner-Appellant, v. Robert L. AYERS, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2009.

Amended July 22, 2010.

Attorney(s) appearing for the Case

Jeannie R. Sternberg, Habeas Corpus Resource Center, San Francisco, CA, for the petitioner-appellant.

Jamie L. Fuster, Deputy Attorney General, State of California, Los Angeles, CA, for the respondent-appellee.

Before: HARRY PREGERSON, SUSAN P. GRABER, and KIM McLANE WARDLAW, Circuit Judges.

Opinion by Judge GRABER; Dissent by Judge PREGERSON.

ORDER AND AMENDED OPINION

ORDER

The opinion filed December 10, 2009, slip opinion page 16243, and appearing at 588 F.3d 1038, is amended as follows:

On slip opinion page 16248 [588 F.3d at 1040], replace footnote 1 with the following: "We dispose of three additional issues as to which the district court did not...

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