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HA VAN NGUYEN v. CURRY

No. 11-56792.

736 F.3d 1287 (2013)

HA VAN NGUYEN, Petitioner-Appellant, v. Ben CURRY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2013.

Attorney(s) appearing for the Case

Gia Kim (briefed), Patricia A. Young (argued), Federal Public Defender's Office, Los Angeles, CA, for Petitioner-Appellant.

Matthew Mulford (argued), Office of the California Attorney General, San Diego, CA, for Respondent-Appellee.

Before: STEPHEN S. TROTT and WILLIAM A. FLETCHER, Circuit Judges, and SIDNEY H. STEIN, District Judge.

OPINION

W. FLETCHER, Circuit Judge:

Ha Van Nguyen appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied two of his three claims as procedurally defaulted. Nguyen contends that his procedural default should be excused under the standard for "cause" articulated in Martinez v. Ryan, ___ U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012). The...

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