In re Marciano ELLIS,
Marciano Ellis, Petitioner,
v.
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON (TACOMA), Respondent,
United States of America, Real Party in Interest.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Filed March 5, 2004.
Filed March 5, 2004.
Attorney(s) appearing for the Case
David Eugene Wilson, Peter B. Gonick, McKay Chadwell PLLC, Seattle, WA, Miriam F. Schwartz, FPDWA — Federal Public Defender's Office (Tacoma), Tacoma, WA, Robert H. Gombiner, Esq., FPDWA — Federal Public Defender's Office, Seattle, WA, for Petitioner.
David Eugene Wilson, McKay Chadwell PLLC, Seattle, WA for Respondent.
Robert Henry Westinghouse, Esq., Leonie G.H. Grant, Esq., USSE — Office of the U.S. Attorney, Seattle, WA, for Real Party in Interest.
Before: SCHROEDER, Chief Judge, Harry PREGERSON, REINHARDT, STEPHEN Reinhardt, Alex Kozinski, Stephen S. Trott, Andrew J. Kleinfeld, Sidney R. Thomas, Kim McLane Wardlaw, Raymond C. Fisher, Ronald M. Gould, and Marsha S. Berzon, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Order; Dissent by Judge Gould.
ORDER
Judge Trott would grant the motion.
We hereby DENY Respondent's Motion for Recall and Stay of Mandate because, due to the nature of mandamus proceedings, we have not issued a "mandate." As we explain below, our grant of Ellis's petition for a writ of mandamus operated as "a writ of mandate," which took immediate effect.
A writ of mandate is "an order from an appellate court directing a lower...
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