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WILSON v. U.S. DIST. CT. FOR NO. DIST. OF CAL.

No. 98-71334.

161 F.3d 1185 (1998)

Pete WILSON, Governor of the State of California, Arthur Calderon, Warden of California State Prison at San Quentin, Defendants-Petitioners, v. The UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, Respondent, Jaturun Siripongs, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1998.

Attorney(s) appearing for the Case

Daniel E. Lungren, Attorney General; Dane R. Gillette, Senior Assistant Attorney General, San Francisco, CA, for defendants-petitioners.

Linda Schilling, Latham & Watkins, Costa Mesa, CA, and Michael Laurence, Sternberg, Sowards & Laurence, San Francisco, CA, for Real Party in Interest.

Before: SCHROEDER, PREGERSON, and FERNANDEZ, Circuit Judges.

Opinion by Judge SCHROEDER; Dissent by Judge FERNANDEZ.

SCHROEDER, Circuit Judge:

Before us is a petition for writ of mandamus to review the district court's grant of a Temporary Restraining Order staying appellant Jaturun Siripongs' execution scheduled for 12:01 a.m. tomorrow morning, November 17, 1998. We deny the petition.

The facts of the underlying crime and earlier state and federal court proceedings are set forth in the published decisions of...

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