TERRY KITCHEN, JR. V. MARION SPEARMAN, No. 14-70299 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 27 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT TERRY DARRYL KITCHEN, Jr., No. 14-70299 Petitioner, v. ORDER* MARION SPEARMAN, Respondent. Appeal from the United States District Court for the Eastern District of California Argued and Submitted December 12, 2014 Resubmitted January 27, 2017 San Francisco, California Before: O’SCANNLAIN, N.R. SMITH, and HURWITZ, Circuit Judges. The Application for Leave to File Second or Successive Petition, filed with this court on February 3, 2014, is GRANTED. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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