In re Pruett

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 by issuing the order ex parte, and, accordingly, we vacate the discovery order and remand the ease for further proceedings.

I

Royal was convicted…