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CALDERON v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. 96-70039.

110 F.3d 714 (1997)

Arthur CALDERON, Warden, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, Respondent, Michael S. Hill, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided April 4, 1997.

Attorney(s) appearing for the Case

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

John T. Philipsborn, San Francisco, California, for real party in interest.

Before: HUG, Chief Judge, WALLACE and FLETCHER, Circuit Judges.

PER CURIAM:

Calderon petitions us for a writ of mandamus directing the district court to vacate its January 18, 1996, discovery order, and to forbid any discovery until Hill files a petition for writ of habeas corpus that presents properly exhausted claims. Because this case is indistinguishable from Calderon v. United States Dist. Court for Northern Dist. of Cal., 98 F.3d 1102 (9th Cir.1996) (Nicolaus), we grant the...

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