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DUNCAN v. CALDERON

SA CV 92-1403-AHS.

946 F.Supp. 805 (1996)

Henry Earl DUNCAN, Petitioner, v. Arthur CALDERON, Warden of California State Prison at San Quentin, Respondent.

United States District Court, C.D. California, Southern Division.

November 27, 1996.

Attorney(s) appearing for the Case

Mitchell Zimmerman, Fenwick & West L.L.P., Palo Alto, CA, Richard C. Neuhoff, San Francisco, CA, for petitioner.

Daniel E. Lungren, Attorney General of California, Emilio E. Varanini, Deputy Attorney General, Los Angeles, CA, for respondent.

ORDER GRANTING RESPONDENT'S MOTION TO VACATE ORDER GRANTING EVIDENTIARY HEARING; SETTING BRIEFING SCHEDULE

STOTLER, District Judge.

I.

PROCEDURAL BACKGROUND

An evidentiary hearing on petitioner's claims 5, 8, 12, 13 and 17 was set for May 7, 1996. On April 25, 1996, the day after the Anti-Terrorism and Effective Death Penalty Act of 1996, Pub.L. 104-132, 110 Stat. 1214, was signed into law, respondent filed the instant motion to...

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