Court of Appeals for the Ninth Circuit July 13, 2006, 04-15279 (Albino Perez v. Terry Rosario)

ORDER AND AMENDED OPINION

O’SCANNLAIN, Circuit Judge.

ORDER

The opinion filed on May 22, 2006 is amended as follows:

*945

Slip Op.

5555.

Insert the following footnote after the final paragraph in Part IV:

Because Perez requested an evidentiary hearing in California state court, he would be entitled to an evidentiary hearing on disputed facts if “(1) he has alleged facts that, if proven, would