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CALDERON v. U.S. DIST. COURT CENTRAL DIST. OF CAL.

No. 98-70733.

151 F.3d 1225 (1998)

Arthur CALDERON, Warden, Warden of the California State Prison at San Quentin, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, Respondent,

United States Court of Appeals, Ninth Circuit.

August 13, 1998.

Attorney(s) appearing for the Case

Paul M. Roadarmel, Jr., Deputy Attorney General for the State of California, Los Angeles, CA, for petitioner.

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

Warden Calderon petitions for a writ of mandamus challenging the district court's Order dated February 26, 1998 and seeking dismissal of the habeas proceeding pending in district court. The district court denied the Warden's Motion to Dismiss Stanbury's Petition for Writ of Habeas Corpus 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...

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