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DUKE v. GASTELO

No. 20-55787.

64 F.4th 1088 (2023)

Jonathan Daveilo DUKE, Petitioner-Appellant, v. Josie GASTELO, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 5, 2023.

Attorney(s) appearing for the Case

Fay Arfa (argued), Fay Arfa A Law Corporation, Los Angeles, for Petitioner-Appellant.

Idan Ivri (argued), Deputy Attorney General; Stephanie C. Brenan , Supervising Deputy Attorney General; Susan Sullivan Pithey , Senior Assistant Attorney General; Lance E. Winters , Chief Assistant Attorney General; Rob Bonta , Attorney General of California; Office of the California Attorney General; Los Angeles, California; for Respondent-Appellee.

Dissent by Judge Bumatay

OPINION

In this appeal, we consider whether the Younger abstention doctrine requires dismissal of a state prisoner's federal habeas petition when the prisoner's direct appeal and state habeas proceedings have concluded, but the prisoner is engaged in proceedings pursuant to California Penal Code § 1172...

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