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STANSBURY v. CALDERON

No. 98-99004.

147 F.3d 1193 (1998)

Robert Edward STANSBURY, Petitioner-Appellee, v. Arthur CALDERON, Warden of the California State Prison at San Quentin, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

August 5, 1998.

Attorney(s) appearing for the Case

Paul M. Roadarmel, Jr., Deputy Attorney General, Los Angeles, California for respondent-appellant.

Harry Simon, Deputy Federal Public Defender, Los Angeles, California for petitioner-appellee.

Before: HUG, Chief Judge, FARRIS and SILVERMAN, Circuit Judges.

Prisoner Robert Stansbury moves to dismiss the Warden's appeal of the Order of the district court dated February 26, 1998. That order denied the Warden's Motion to Dismiss Stanbury's Petition for Writ of Habeas Corpus. The Warden's Motion to Dismiss was based on alleged deficiencies in the verification of the petition. After denying the motion to dismiss, the district judge declined the Warden's request to certify the Order for interlocutory appeal under 28 U.S.C. §...

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