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ANDERSON v. DAVIS

No. 01-70109.

279 F.3d 674 (2002)

Stephen Wayne ANDERSON, Petitioner, v. Gray DAVIS, Governor, Governor of the State of California; Jeanne Woodford, Warden, Warden of California State Prison at San Quentin, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2002.

Attorney(s) appearing for the Case

Harry W. Simon, Federal Public Defender's Office, Los Angeles, California; Robert S. Horwitz, Law Offices of A. Lavar Taylor, for the petitioner.

Ward A. Campbell, Office of Attorney General, Sacramento, California, for respondents.

Before: TROTT, FERNANDEZ, and McKEOWN, Circuit Judges.

TROTT, Circuit Judge.

Stephen Wayne Anderson ("Anderson") stands convicted of murder and sentenced to death. See Anderson v. Calderon, 232 F.3d 1053 (9th Cir.2000), cert. denied, ___ U.S. ___, 122 S.Ct. 580, 151 L.Ed.2d 451 (2001). His execution is currently scheduled to occur on January 29, 2002, at 12:01 AM. He has exhausted his appeals and opportunities for collateral review and now seeks a temporary restraining order...

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