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MALONE v. CALDERON

Nos. 98-99035, 98-99036.

165 F.3d 1234 (1999)

Kelvin Shelby MALONE, Petitioner-Appellant, v. Arthur CALDERON, Warden of the California State Prison, San Quentin, Respondent, State of Missouri, Intervenor-Appellee. Kelvin Shelby Malone, Plaintiff-Appellant, v. Mel Carnahan, Governor of Missouri, Defendant-Appellee, Pete Wilson, Governor of California, Defendant-Appellee, Michael Bowersox, Superintendent, Potosi Correctional Center, Potosi, MO., Defendant-Appellee, Arthur Calderon, Warden of the California State Prison at San Quentin, CA., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 6, 1999.

Attorney(s) appearing for the Case

Peter Giannini, Los Angeles, California, for Petitioner-Appellant.

Stacy L. Anderson, Assistant Attorney General, Jefferson City, Missouri, for Intervenor-Appellee.

Garrett Beaumont, Deputy Attorney General, San Diego, California, for Respondent.

Before: BEEZER, KLEINFELD, and HAWKINS, Circuit Judges.

Submitted to Motions Panel January 6, 1999.

BEEZER, Circuit Judge.

Kelvin Shelby Malone is under sentence of death in California and Missouri. At present, Malone is in custody in Missouri. He is scheduled to be executed by the state of Missouri on January 13, 1999. We now consider Malone's motion for consolidation and emergency motion to stay the execution. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1) because we are reviewing the

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