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BUTLER v. LONG

No. 10-55202.

752 F.3d 1177 (2014)

Anthony BUTLER, Petitioner-Appellant, v. David LONG, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2014.

As Amended on Denial of Rehearing and Rehearing En Banc June 24, 2014.

Attorney(s) appearing for the Case

John Ward (argued), San Francisco, California, for Petitioner-Appellant.

Kim Aarons (argued), Deputy Attorney General; Michael R. Johnsen , Supervising Deputy Attorney General; Lance E. Winters , Senior Assistant Attorney General; Dane R. Gillette , Chief Assistant Attorney General; Kamala D. Harris , Attorney General of California, Los Angeles, CA, for Respondent-Appellee.

Before: HARRY PREGERSON and MARSHA S. BERZON, Circuit Judges, and CAROL BAGLEY AMON, Chief District Judge.

OPINION

PER CURIAM:

Petitioner-appellant Anthony Butler filed two federal habeas petitions relating to the same state-court conviction, the first on October 5, 2008, and the second on September 21, 2009.1 The district court dismissed the first petition, which contained both exhausted and unexhausted claims, without offering Butler the option of amending his petition to exclude the unexhausted claims. The same court denied Butler...

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