Does the 9th Circuit have jurisdiction to review the dismissal of an amended petition for sexual assault?
MultiRegion, United States of America
The following excerpt is from Torres v. Cambra, 145 F.3d 1341 (9th Cir. 1998):
Still, the Appellees argue that these allegations were not presented to the district court at the time of dismissal. In fact, the district court was apparently under the mistaken impression that the second amended petition had still not been filed as of March 31, 1997. Nonetheless, the district court granted Torres a certificate of probable cause on this issue, making appellate review appropriate. See Lynch v. Blodgett, 999 F.2d 401, 403 (9th Cir.1993).
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