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HANSON v. MAHONEY

No. 02-35795.

338 F.3d 964 (2003)

Dale Michael HANSON, Petitioner-Appellant, v. Mike MAHONEY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2003.

Attorney(s) appearing for the Case

David Ness, Assistant Federal Defender, Helena, Montana, for the petitioner-appellant.

Carol E. Schmidt, Assistant Attorney General, Helena, Montana, for the respondent-appellee.

Before: Betty B. FLETCHER, Melvin BRUNETTI, and M. Margaret McKEOWN, Circuit Judges.

Argued and Submitted June 2, 2003 — Seattle, Washington.

Opinion by Judge Betty B. Fletcher.

OPINION

BETTY B. FLETCHER, Circuit Judge:

Dale Michael Hanson, whose petition for a writ of habeas corpus challenging his Montana conviction for sexual assault and deviate sexual conduct was dismissed by a magistrate judge, brings two issues before this court. First, he contends that the magistrate judge who adjudicated his petition by consent...

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