Calderon

Kelvin Shelby Malone, currently incarcerated in California, is under sentence of death both in that state and in Missouri. His federal habeas petition in California is in its initial stages. By contrast, habeas review of Malone’s Missouri conviction and sentence is almost complete; the Eighth Circuit has the ease under submission. Because Malone’s Missouri execution date may be imminent, the governor of Missouri made a formal request to the governor of California asking that Malone be released into Missouri’s custody. See Uniform Criminal Extradition Act, CaLPenal Code §§ 1547-1556.2 and Mo.Rev. Stat. §§ 548.011-548.300. The governor of California agreed and the two entered into an executive agreement providing for Malone’s extradition to Missouri. Malone unsuccessfully challenged the extradition in California state court and also sought a stay from the district court with jurisdiction over his California-based habeas petition. The district court granted the requested relief; it entered an order staying the extradition unless certain conditions were met (most notably, that Missouri submit to. the district court’s jurisdiction). In its petitiqn for a writ of mandamus California…