United States Ninth Circuit

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Nasby v. McDaniel, 14-17313

Dismissal of a petition for habeas corpus relief and denial of motion to alter or amend the judgment under Fed. R. Civ. P. 59(e) are vacated where the principle articulated in the line of cases beginning with Jones v. Wood, 114 F.3d 1002 (9th Cir. 1997), requires a remand because the district court, which failed to obtain and review the relevant portions of the state court record and did not hold an evidentiary hearing on petitioner's claims, did not perform the 'independent review' of the basis of the state court's decision that Jones requires.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/10




  • United States Ninth Circuit


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