W. A. Doble v. United States District Court

249 F.2d 734 W. A. DOBLE, Petitioner, v. The UNITED STATES DISTRICT COURT, IN AND FOR the SOUTHERN DISTRICT OF CALIFORNIA, CENTRAL DIVISION, and The Honorable Thurmond Clarke, One of Judges Thereof, Respondents. Misc. No. 648. United States Court of Appeals Ninth Circuit. May 27, 1957. Joseph L. Alioto, San Francisco, Cal., for petitioner. Before LEMMON, EFF and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 An application for leave to file a petition for writ of mandamus or prohibition directed to the United States District Court and a judge thereof has been presented ex part. The application is alleged to have been based upon 28 U.S.C.A. 1651. It is recited that in a pending patent case, numbered 13289-T.C., (neither the title of the case nor the names of the parties thereto being mentioned) an order was entered by the judge directing petitioner to come to Los Angeles to permit his deposition to be taken there. Petitioner is a witness. He is not a party. In the words of the petition, his 'only connection with the defendants in the aforesaid action is that he has been retained as an expert witness.' He states he lives in Atherton, California, and practices his…