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GOMEZ v. U.S. DIST. COURT FOR N.D. OF CAL.

No. 92-70237.

966 F.2d 463 (1992)

James GOMEZ and Daniel Vasquez, Petitioners, v. The UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent. David Fierro, Robert Harris, and Alejandro Gilbert Ruiz, Real Parties In Interest.

United States Court of Appeals, Ninth Circuit.

May 5, 1992.

AMENDED ORDER

The issues raised in this emergency petition for a writ of mandamus concerning the validity of the temporary restraining order have become moot by subsequent events.

ONE. After the issuance of the writ of mandate, the Supreme Court concluded that Harris' Section 1983 Civil Rights action was filed "in an obvious attempt to avoid the application of McCleskey v. Zant, ___ U.S. ___, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991), to bar this successive...

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