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NEVIUS v. SUMNER

CA Nos. 86-2878, 96-80322 and 96-99015.

105 F.3d 453 (1996)

Thomas NEVIUS, Petitioner, v. George SUMNER, Director, Department of Prisons, et al., Respondents. Thomas NEVIUS, Petitioner, v. E.K. McDANIEL, Warden, Nevada State Prison at Ely, et al., Respondents. (Two Cases.)

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1996.

Attorney(s) appearing for the Case

Michael Pescetta, Assistant Federal Public Defender, Las Vegas, NV, for petitioner.

Keith Munro, Deputy Attorney General, Carson City, NV, for respondents.

Before CANBY, BOOCHEVER and KLEINFELD, Circuit Judges.

OPINION

CANBY, Circuit Judge:

Thomas Nevius, a Nevada state prisoner under sentence of death, brings three matters before this court. First, he appeals the district court's denial of his motion to file a petition for writ of habeas corpus. No. 96-99015. Second, he moves this court to recall its eight-year-old mandate in Nevius v. Sumner, 852 F.2d 463 (9th Cir.1988) ("Nevius I"), cert. denied, 490 U.S...

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