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AINSWORTH v. VASQUEZ

Nos. CIV-S-90-329-LKK-JFM, CIV-S-89-823-EJG-GGH.

759 F.Supp. 1467 (1991)

Steven King AINSWORTH, Petitioner, v. Daniel VASQUEZ, Warden of the State Prison at San Quentin, and James Rowland, Director of the California Department of Corrections, Respondents. Darrell Keith RICH, Petitioner, v. Daniel VASQUEZ, Warden of the State Prison at San Quentin, and James Rowland, Director of the California Department of Corrections, Respondents.

United States District Court, E.D. California.

March 15, 1991.

Attorney(s) appearing for the Case

James S. Thomson, Sacramento, Cal., for Darrell Keith Rich.

Quin Denvir, Sacramento, Cal., for Steven King Ainsworth.

Robert Jibson, Deputy Atty. Gen., Sacramento, Cal., for respondents.

Before KARLTON, Chief Judge Emeritus, and GARCIA, SHUBB and LEVI, District Judges.

OPINION

LEVI, District Judge:

In these two death penalty habeas corpus cases, petitioners seek reconsideration of orders by the magistrate judges setting hearings that have come to be known as "Neuschafer hearings".1 At such a hearing the magistrate judge proposes to question the petitioner concerning the existence of any unexhausted habeas corpus claims. The stated primary purpose of the hearing is to attempt to consolidate...

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