Robert Alton Harris v. Daniel Vasquez, Warden of California State Prison at San Quentin

U.S. Court of Appeals for the Ninth Circuit
Robert Alton Harris v. Daniel Vasquez, Warden of California State Prison at San Quentin, 961 F.2d 1449 (9th Cir. 1992)
92 Cal. Daily Op. Serv. 3343; 92 Daily Journal DAR 5450; 1992 U.S. App. LEXIS 7600; 1992 WL 80978

Robert Alton Harris v. Daniel Vasquez, Warden of California State Prison at San Quentin

Opinion

ORDER

In a motion filed on April 18, 1992, Appellant, Robert Alton Harris, asks this *1450 court to recall its mandate issued on March 10, 1992, following the denial by the United States Supreme Court of petition for a writ of certiorari. Appellant also petitions this court to grant a rehearing and suggests a rehearing en banc.

Appellant’s motion for recall of the mandate is denied. Appellant has not shown, as required by Zipfel v. Halliburton Co., 861 F.2d 565, 567 (9th Cir.), cert. denied, 486 U.S. 1054, 108 S.Ct. 2819, 100 L.Ed.2d 921 (1988), that exceptional circumstances justify a recall of the mandate.

The Appellant’s Petition for Rehearing and Suggestion for Rehearing En Banc also is denied as untimely. See Adamson v. Lewis, 955 F.2d 614 (9th Cir. 1992) (en banc); Fed.R.App.P. 40. We previously stated, in our order denying Petitioner’s motion for stay of mandate and petition for rehearing and suggestion for rehearing en banc, filed on March 6, 1992, that no future petition for rehearing would be entertained. See Fed.R.App.P. 41(b).

NOONAN, Circuit Judge, would grant the motion fpr recall of the mandate, and the petition for rehearing and suggestion for rehearing en banc.

Reference

Full Case Name
Robert Alton HARRIS, Petitioner-Appellant, v. Daniel VASQUEZ, Warden of California State Prison at San Quentin, Respondent-Appellee
Cited By
1 case
Status
Published