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GONZALES v. CALIFORNIA DEPARTMENT OF CORRECTIONS

No. 11-15851.

739 F.3d 1226 (2014)

Ricky GONZALES, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2014.

Attorney(s) appearing for the Case

Ryan S. Killian , (Certified Law Student) and Zach Tafoya (Certified Law Student), Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinc, Malibu, CA, argued the cause and Jeremy B. Rosen , Horvitz & Levy LLP, Encino, CA, filed the briefs for the Plaintiff-Appellant.

Kenneth T. Roost , Deputy Attorney General, San Francisco, CA, argued the cause and filed the brief for the Defendant-Appellee. With him on brief were Kamala D. Harris , Attorney General of California, Jonathan L. Wolff , Senior Assistant Attorney General, and Thomas S. Patterson , Supervising Deputy Attorney General, San Francisco, CA.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CARLOS T. BEA, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a state court decision on a California prisoner's habeas corpus petition precludes any claims he might have under federal law.

I

A

Ricky Gonzales has been in custody of the California Department of Corrections at Pelican Bay State Prison since 2004, when he was found guilty of two counts of attempted murder and assault with a semi-automatic firearm, and given an enhanced...

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