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GRAVES v. McEWEN

No. 10-17203.

731 F.3d 876 (2013)

Kinte M. GRAVES, Petitioner-Appellant, v. Scott McEWEN, Warden; Matthew L. Cate, Secretary, California Department of Corrections and Rehabilitation, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2013.

Attorney(s) appearing for the Case

Kathleen C. Page , Page & Page, Sacramento, CA, for Petitioner-Appellant.

Kamala D. Harris , Attorney General of California, Michael P. Farrell , Senior Assistant Attorney General, Brian G. Smiley , Supervising Deputy Attorney General, David Andrew Eldridge , Deputy Attorney General, Sacramento, CA, for Respondents-Appellees.

Before: SUSAN P. GRABER, CARLOS T. BEA, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

HURWITZ, Circuit Judge:

The central question in this case is what procedure appointed counsel in a habeas appeal should follow when seeking to withdraw. Ninth Circuit Rule 4-1(c)(6) provides the answer.

I.

In 2003, Kinte Graves was convicted in California state court of various felonies. The convictions were affirmed on direct appeal and the California Supreme Court denied a petition for review. The superior court denied Graves...

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