Vieira v. Ylst
ORDER of USCA re Richard Vieira. The Petition for the Extraordinary Writ of Mandamus is DENIED. (Sant Agata, S)
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UNITED STATES COURT OF APPEALS
APR 18 2012
FOR THE NINTH CIRCUIT
MOLLY C. DWYER, CLERK
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF
U .S. C O U R T OF APPE ALS
D.C. No. 1:05-cv-1492-OWW
Eastern District of California
Real Party in Interest.
Before: LEAVY, PAEZ, and BEA, Circuit Judges
We construe Petitioner’s pro se All Writs Act/ § 2241/ Writ of Mandamus
Petition as a petition for a writ of mandamus to compel the district court to:
(a) excuse any state procedural defaults based upon the alleged suspension of the
writ and delays by the state courts or the alleged ineffective assistance of state
post-conviction counsel; and (b) remove one of Petitioner’s federal habeas
attorneys based upon an alleged conflict of interest. The district court on February
21, 2012 appointed independent counsel to consult with Petitioner. The petition
for the extraordinary writ of mandamus is denied. See Bauman v. United States
District Court, 557 F.2d 650, 654-55 (9th Cir. 1977).
All pending motions are denied. The Clerk’s Office shall close this case.
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