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CALDERON v. U.S. DIST. COURT N.D. CAL.

No. 96-70032.

98 F.3d 1102 (1996)

Arthur CALDERON, Warden, Petitioner, v. The UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, Respondent, Robert Henry Nicolaus, Real-Party-In-Interest.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1996.

Attorney(s) appearing for the Case

Dane R. Gillette, Senior Assistant Attorney General, San Francisco, California, for petitioner.

David L. Anderson, Anderson & Zimmer, Oakland, California, and Stephanie Ross, Point Roberts, Washington, for real-party-in-interest.

Before: SCHROEDER, O'SCANNLAIN and KLEINFELD, Circuit Judges.

Argued and Submitted by Telephone May 24, 1996.

O'SCANNLAIN, Circuit Judge:

We must decide whether a California death row inmate is entitled to discovery before filing a federal habeas petition.

I

Arthur Calderon, Warden of the California State Prison at San Quentin, petitions this court for a writ of mandamus (1) to vacate the discovery order issued by the district court upon the request of Real Party in Interest Robert Henry Nicolaus, and...

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