THE PEOPLE OF THE STATE OF CALIFORNIA, PETITIONER,
v.
UNITED STATES DISTRICT COURT AND UNITED STATES MAGISTRATE, RESPONDENTS, RICHARD E. SMILEY, REAL PARTY IN INTEREST
THE PEOPLE OF THE STATE OF CALIFORNIA, PETITIONER,
UNITED STATES DISTRICT COURT AND UNITED STATES MAGISTRATE, RESPONDENTS, RICHARD E. SMILEY, REAL PARTY IN INTEREST
502 F.2d 945
United States Court of Appeals for the Ninth Circuit (1974)
Opinion of the Court
PER CURIAM:
Pursuant to our mandate in Smiley v. State of California, 9 Cir., 1971, 442 F. 2d 1026, the district court, on August 28, 1973, ordered that an evidentiary hearing on Smiley’s petition for a writ of habeas corpus be held before a United States Magistrate, pursuant to 28 U.S.C. § 636(b) and the District Court’s General Order 104.
California, through its Attorney General, seeks a writ of mandamus or prohibition to compel the district court to vacate its order and to prohibit the magistrate from holding the hearing. It is ordered that the district court shall vacate its order of August 28, 1973, and reconsider its action in light of Wingo v. Wedding, 1974, 418 U.S. 461, 94 S.Ct. 2842, 41 L.Ed.2d 879 (June 26, 1974).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wingo v. Wedding, 418 U.S. 461 (U.S. 1974)
- Smiley v. State OF Cal., 442 F.2d 1026 (9th Cir. 1971)