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Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits

by Sam Rutherford

The U.S. Court of Appeals for the Ninth Circuit delineated the scope of U.S. District Courts’ authority to summarily dismiss a state prisoner’s habeas corpus petition under Rule 4 of the Rules Governing Section 2254 Cases in the U.S. District Courts (“Rule 4”), holding that the U.S. ...

 

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