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United States Ninth Circuit


PHELPS v. ALAMEDA, 02-15821

The limited COA from prisoner's motion to reinstate his habeas petition was improvidently granted; were the court to entertain the question presented, it would render a ruling without any effectual relief. The appeal is dismissed for lack of jurisdiction.

Appellate Information

  • Decided 04/20/2004
  • Published 04/20/2004

Judges

  • O'SCANNLAIN, Circuit Judge:, Before:  HALL, O'SCANNLAIN, and LEAVY, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Robert J. Beles, Oakland, California, for the appellant.

  • For Appellees:
  • Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Peggy S. Ruffra, Supervising Deputy Attorney General, and Juliet B. Haley, Deputy Attorney General, for the appellee.
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