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ALAIMALO v. U.S.

No. 08-56349.

636 F.3d 1092 (2011)

Vaatausili Mark ALAIMALO, Petitioner-Appellant, v. UNITED STATES of America; J.L. Norwood, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed February 28, 2011.

Attorney(s) appearing for the Case

Ramiah Shanti Brien , Oakland, CA, for the petitioner-appellant.

Michael J. Raphael and Rosalind Wang , Office of the United States Attorney, Los Angeles, CA, for the respondent-appellee.

Opinion by Judge B. FLETCHER; Dissent by Judge KORMAN.

OPINION

B. FLETCHER, Circuit Judge:

Vaatausili Mark Alaimalo, a federal prisoner, appeals the dismissal of his habeas corpus petition brought under 28 U.S.C. § 2241. We first must determine whether we have jurisdiction to consider this petition, brought without a certificate of appealability ("COA"). Alaimalo has demonstrated both actual innocence and that his actual innocence claim was not available to him on direct appeal or when he filed his first...

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