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MILES v. RYAN

No. 10-99016.

697 F.3d 1090 (2012)

Kevin Artice MILES, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

September 28, 2012.

Attorney(s) appearing for the Case

Timothy M. Gabrielsen, Esquire, Assistant Federal Public Defender, Jon M. Sands, Federal Public Defender, FPDAZ-Federal Public Defender's Office, Phoenix, AZ, for Petitioner-Appellant.

Jonathan Bass, AGAZ-Office of The Arizona Attorney General, Tucson, AZ, for Respondent-Appellee.

Order; Statement by Judges BERSON and TALLMAN.

ORDER

Appellant's motion for recusal is DENIED.

BERZON, and TALLMAN, Circuit Judges:

Appellant's motion to recuse Judge Graber was, in its format, directed to all three judges on the three-judge panel in this case. Under this Circuit's procedures, however, each judge may decide for himself or herself whether recusal is appropriate. See, e.g., Suever v. Connell, 681 F.3d 1064 (9th Cir.2012); Feminist Women...

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