Robert F. Covelli v. People of the State of Illinois, Defendant-Intervenor-Appellant, and Richard H. Rison, Warden

81 F.3d 167 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert F. COVELLI, Defendant-Appellee, v. PEOPLE OF the STATE OF ILLINOIS, Defendant-Intervenor-Appellant, and Richard H. Rison, Warden, Respondent. No. 94-56297. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1996. Decided March 28, 1996. Before: PREGERSON and T.G. NELSON, Circuit Judges, and EZRA, * District Judge. MEMORANDUM ** * The State of Illinois ("Illinois") appeals the district court's summary judgment for federal prisoner Robert Covelli ("Covelli"), enjoining Richard H. Rison, Warden of the Federal Prison at Lompoc, California, from releasing Covelli to the State of Illinois for trial on a pending state murder indictment. Covelli was once before transferred from federal custody in Pennsylvania to state custody in Illinois, but was returned to the federal prison by an Illinois state judge while his interlocutory appeal from a denial of his motion to dismiss was pending.…