Gomez v. United States District Court For The Northern District Of California

966 F.2d 460 James GOMEZ and Daniel Vasquez, Petitioners, v. The UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent. David Fierro, Robert Harris, and Alejandro Gilbert Ruiz, Real Parties in Interest. No. 92-70237. United States Court of Appeals, Ninth Circuit. Decided April 19, 1992. Dissent Filed April 20, 1992. Before: ALARCON, BRUNETTI, and NOONAN, Circuit Judges. ORDER 1 Judges Alarcon and Brunetti vote to grant the petition for a writ of mandate. The district court is directed to vacate the temporary restraining order issued on April 18, 1992, 790 F.Supp. 966 , enjoining James Gomez and Daniel Vasquez from inflicting the punishment of death by the administration of lethal gas upon Robert Alton Harris, David Fierro, Alejandro Gilbert Ruiz, and any members of the purported class. 2 NOONAN, Circuit Judge, would deny the petition. 3 A decision will be filed shortly setting forth the reasoning of the court. 4 The writ of mandate shall issue immediately. NOONAN, Circuit Judge, dissenting: 5 As the well-known dictum of Justice Holmes has put it, great cases generate hydraulic pressures. It is clear that in this case and in the related proceedings…