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PAYTON v. DAVIS

No. 17-55054.

906 F.3d 812 (2018)

William Charles PAYTON, Petitioner-Appellant, v. Ronald DAVIS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 10, 2018.

Attorney(s) appearing for the Case

Michael Parente (argued) and Susel Carrillo-Orellana , Deputy Federal Public Defenders; Margo Rocconi , Supervising Deputy Federal Public Defender; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

A. Natasha Cortina (argued) and Holly D. Wilkens , Supervising Deputy Attorneys General; Julie L. Garland , Senior Assistant Attorney General; Xavier Becerra , Attorney General of California; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Before: Ronald M. Gould, Richard C. Tallman, and Johnnie B. Rawlinson, Circuit Judges.

OPINION

William Charles Payton requests a certificate of appealability ("COA") to appeal the district court's denial of his motion under Federal Rule of Civil Procedure 60(d)(3), alleging fraud on the court and seeking relief from the court's prior order denying habeas relief under 28 U.S.C. § 2254. Payton...

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