Legal Opinion
Calderon v. United States District Court
Court of Appeals for the Ninth Circuit
Decided May 13, 1998No. 97-70631PublishedCited by 5 opinions
1Opinion of the Court
HUG, Chief Judge.
Arthur Calderon, Warden of the San Quentin State Prison, (“State”) seeks a writ of mandamus in response to the district court’s order (1) allowing petitioner to amend his petition to delete unexhausted claims and holding the petition in abeyance subject to further amendment -reincorporating the deleted claims once they are litigated in state court, and (2) its order granting leave to depose a witness in relation to an unexhausted claim.
I
The real party in interest in this case, Ralph International Thomas, is a California prisoner sentenced to death. On April 15, 1996, Thomas…
2Cases cited14 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Bracy v. GramleySupreme Court of the United States · 1997
- Harris v. NelsonSupreme Court of the United States · 1969
- Arthur Calderon, Warden v. The United States District Court for the Northern District of California, Robert Henry Nicolaus, Real-Party-In-InterestCourt of Appeals for the Ninth Circuit · 1996
- In Re Cement Antitrust Litigation (Mdl No. 296)Court of Appeals for the Ninth Circuit · 1982
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3Cited by5 opinions
- 98 Cal. Daily Op. Serv. 3624, 98 Daily Journal D.A.R. 4993 Arthur Calderon, Warden v. The United States District Court for the Northern District of CaliforniaCourt of Appeals for the Ninth Circuit · 1998
- Sherman v. McDanielDistrict Court, D. Nevada · 2004
- (HC) Espindola v. GamboaDistrict Court, E.D. California · 2021
- Grant v. ByrneDistrict Court, D. Nevada · 2021
- Powers v. CovelloDistrict Court, N.D. California · 2020