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PEOPLE OF STATE OF CALIFORNIA v. UNITED STATES DIST. CT.

No. 74-1379.

502 F.2d 945 (1974)

The PEOPLE OF the STATE OF CALIFORNIA, Petitioner, v. UNITED STATES DISTRICT COURT and United States Magistrate, Respondents, Richard E. SMILEY, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

August 30, 1974.

Attorney(s) appearing for the Case

Juliet H. Swoboda, Deputy Atty. Gen. (argued), Los Angeles, Cal., for petitioner.

Michael P. Balaban, of Balaban, Berman, Selan & Stewart (no appearance), Beverly Hills, Cal., for respondents.

S. Thomas Pollack, Deputy Federal Public Defender, Los Angeles, Cal., for real party in interest.

Before CHAMBERS and DUNIWAY, Circuit Judges, and EAST, District Judge.

OPINION

PER CURIAM:

Pursuant to our mandate in Smiley v. State of California, 9 Cir., 1971, 442 F.2d 1026, the district court, on August 28, 1973, ordered that an evidentiary hearing on Smiley's petition for a writ of habeas corpus be held before a United States Magistrate, pursuant to 28 U.S.C. § 636(b) and the District Court's General Order 104.

California, through its Attorney General, seeks a writ of mandamus...

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