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IN RE PRUETT

No. 97-8.

133 F.3d 275 (1997)

In re: Samuel V. PRUETT, Warden, Mecklenburg Correctional Center; Attorney General of the Commonwealth of Virginia; Virginia State Police; The Commonwealth's Attorney for the City of Hampton, Petitioners.

United States Court of Appeals, Fourth Circuit.

Decided December 31, 1997.

Attorney(s) appearing for the Case

COUNSEL: Katherine P. Baldwin, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Petitioners. Barbara Lynn Hartung, Richmond, VA, for Respondent. ON PLEADINGS: Catherine M. Foti, Robert J. Anello, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York City, for Respondent.

Before: HALL, LUTTIG, and MOTZ, Circuit Judges.

Writ granted by published opinion. Judge HALL wrote the opinion, in which Judge LUTTIG and Judge MOTZ concurred.

OPINION

K.K. HALL, Circuit Judge:

In this petition for a writ of mandamus and prohibition, the Commonwealth of Virginia seeks to have this court set aside or otherwise nullify the federal district court's discovery order in Thomas Lee Royal's collateral attack on a state court conviction. We agree that the district court exceeded its authority...

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