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CALDERON v. U.S. DIST. COURT FOR CENT. DIST. CAL.

No. 97-70139.

137 F.3d 1420 (1998)

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

United States Court of Appeals, Ninth Circuit.

Decided March 10, 1998.

Attorney(s) appearing for the Case

J. Robert Jibson, Deputy Attorney General, Sacramento, CA, for petitioner.

Peter Giannini, Los Angeles, CA, for real party in interest, Malone.

Before: FLETCHER, FARRIS and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge.

Kelvin Shelby Malone, currently incarcerated in California, is under sentence of death both in that state and in Missouri. His federal habeas petition in California is in its initial stages. By contrast, habeas review of Malone's Missouri conviction and sentence is almost complete; the Eighth Circuit has the case under submission. Because Malone's Missouri execution date may be imminent, the governor of Missouri made a formal request to the...

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