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DIAMOND v. U.S. DIST. COURT FOR CENTRAL DIST. OF CALIFORNIA

No. 81-7691.

661 F.2d 1198 (1981)

Earl C. DIAMOND, Petitioner, v. UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OF CALIFORNIA, Respondent, and United States of America, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided November 2, 1981.

Attorney(s) appearing for the Case

Thomas J. Lannen, Los Angeles, Cal., for petitioner.

Laurie L. Levenson, Asst. U. S. Atty., Los Angeles, Cal., for respondent.

Before NELSON and REINHARDT, Circuit Judges.

ORDER

Petitioner filed a petition for writ of mandamus on October 14, 1981 seeking review of the district court's order of September 29, 1981. By that order, the district court denied petitioner's motion for leave to file a late notice of appeal from its earlier order denying his motion to dismiss the indictment on the ground of double jeopardy.

We may not accept mandamus jurisdiction over a matter subject to direct appeal. See Helstoski v. Meanor,

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