Robert M. Rees, Warden, California State Prison, Tamal, California v. United States District Court for the Central District of California, Wesley Gardner Slocum, Real Party in Interest. Daniel J. McCarthy Superintendent, California Men's Colony v. United States District Court for the Central District of California, Gilbert Leon Pinell, Real Party in Interest

Good Law
572 F.2d 700·1978 U.S. App. LEXIS 11950
United States Court of Appeals for the Ninth CircuitMarch 30, 197877-1565California2,363 words

Opinion

Opinion

572 F.2d 700 Robert M. REES, Warden, California State Prison, Tamal, California, Petitioner, v. UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OF CALIFORNIA, Respondent, Wesley Gardner Slocum, Real Party in Interest. Daniel J. McCARTHY, Superintendent, California Men's Colony, Petitioner, v. UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OF CALIFORNIA, Respondent, Gilbert Leon Pinell, Real Party in Interest. Nos. 77-1565 and 77-1587. United States Court of Appeals, Ninth Circuit. March 30, 1978. Owen Lee Kwong, Deputy Atty. Gen., Los Angeles, Cal., for petitioners. Mitchell B. Dubick, Dept. of Justice, Washington, D. C., for respondent. Petition for Writ of Mandamus From the United States District Court for the Central District of California. Before CARTER, GOODWIN and WALLACE, Circuit Judges. WALLACE, Circuit Judge: 1 In these consolidated petitions for writs of mandamus 1 we are asked to use that extraordinary remedy to require that a district judge, rather than a magistrate, personally conduct evidentiary hearings in the habeas corpus proceedings of two state prisoners. We decline to issue the writs. 2 * In April 1976, Pinell and Slocum, prisoners in the custody…

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