Bockting
Bockting v. Bayer
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARVIN HOWARD BOCKTING, No. 02-15866 Petitioner-Appellant, D.C. No. v. CV-98-00764-ECR
ROBERT BAYER, ORDER AND
Respondent-Appellee. OPINION
Appeal from the United States District Court for the District of Nevada Edward C. Reed, District Judge, Presiding
Argued and Submitted June 13, 2007—San Francisco, California
Filed October 12, 2007
Before: J. Clifford Wallace, John T. Noonan, and M. Margaret McKeown, Circuit Judges.
Opinion by Judge Wallace; Dissent by Judge Noonan
13811 13814 BOCKTING v. BAYER
COUNSEL
Franny A. Forsman, Federal Public Defender, Las Vegas, Nevada, for petitioner Marvin Howard Bockting.
Victor-Hugo Schulze, II and Rene L. Hulse, Nevada State Attorney General’s Office, for respondent Robert Bayer.
ORDER
The opinion and dissent filed on September 27, 2007 are withdrawn. A new opinion and dissent are filed with this order.
OPINION
WALLACE, Senior Circuit Judge:
Bockting appeals from the district court’s order denying his petition for a writ of habeas corpus. Bockting challenges…