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

966 F.2d 463 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. May 5, 1992. Before: ALARCON, BRUNETTI and NOONAN, Circuit Judges. AMENDED ORDER 1 The issues raised in this emergency petition for a writ of mandamus concerning the validity of the temporary restraining order have become moot by subsequent events. 2 ONE. After the issuance of the writ of mandate, the Supreme Court concluded that Harris' Section 1983 Civil Rights action was filed "in an obvious attempt to avoid the application of McCleskey v. Zant, --- U.S. ----, 111 S.Ct. 1454 , 113 L.Ed.2d 517 (1991), to bar this successive claim." Gomez and Vasquez v. United States District Court for the Northern District of California, et al., --- U.S. ----, ----, 112 S.Ct. 1652, 1653 , 118 L.Ed.2d 293 . The Court held that Harris had "made no showing of cause for his failure to raise this claim in his earlier petitions." Id. 3 TWO. The Court also stated, in dictum that "[e]ven if we were to assume, however,…