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CALDERON v. U.S. DIST. COURT FOR E.D. OF CALIFORNIA

No. 96-70585.

96 F.3d 1126 (1996)

Arthur CALDERON, Warden, Petitioner, v. The UNITED STATES DISTRICT COURT FOR the EASTERN DISTRICT OF CALIFORNIA, Respondent, Anthony Cornell Bean, Real-Party-In-Interest.

United States Court of Appeals, Ninth Circuit.

Filed September 30, 1996.

Attorney(s) appearing for the Case

Clayton S. Tanaka, Deputy Attorney General, Sacramento, CA, for petitioner.

Andrea M. Miller, Nageley, Meredith & Ramsey, Sacramento, CA, for real party in interest.

Before: CANBY, O'SCANNLAIN and THOMAS, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a California death row inmate's procedural default in state court bars federal review of his habeas claims.

I

Arthur Calderon, Warden of the California State Prison at San Quentin (the "State"), petitions this court for a writ of mandamus directing the district court to vacate its order denying the State's motion for summary dismissal of Anthony Bean's habeas...

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