The following excerpt is from Jones v. Matevousian, Case No. 1:16-cv-00300 LJO MJS (HC) (E.D. Cal. 2016):
prejudice would result or (2) that a fundamental miscarriage of justice would result from failure to consider the claim." Alaimalo v. U.S., 645 F.3d 1042, 1049 (9th Cir. 2011) (quoting Calderon v. United States Dist. Ct., 163 F.3d 530, 538 (9th Cir. 1998)).
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