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McDANIEL v. U.S. DIST. COURT FOR NEVADA

No. 97-70707.

127 F.3d 886 (1997)

E.K. McDANIEL, Warden of Ely State Prison, Frankie Sue Del Papa, Attorney General of the State of Nevada, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA, Respondent, Daniel Steven Jones, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided October 17, 1997.

Attorney(s) appearing for the Case

Robert E. Wieland, Assistant Attorney General, Carson City, Nevada, for Petitioner.

Michael Pescetta, Assistant Federal Public Defender, Las Vegas, Nevada, for Real Party In Interest.

Before: FLETCHER, REINHARDT, and RYMER, Circuit Judges.

Per Curiam Opinion; Concurrence by Judge RYMER.

PER CURIAM:

The Nevada prison authorities and the Nevada Attorney General (collectively, "the State") seek a writ of mandamus vacating, and an emergency stay against the district court's discovery order in a death row prisoner's habeas corpus case. We deny the emergency stay motion and dismiss the mandamus petition. We issue this brief opinion because this action appears to be the latest in a series of meritless...

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