In a motion to appeal from denial of bail pending a decision on habeas, can the appeal be considered a writ of mandamus?
MultiRegion, United States of America
The following excerpt is from Allen, In re, 896 F.2d 416 (9th Cir. 1990):
The district court was correct as a matter of law. We therefore decline to issue a writ of mandamus. Cf. Land v. Deeds, 878 F.2d 318 (9th Cir.1989) (court treated appeal from denial of bail pending decision on habeas claim as a petition for writ of mandamus, examined the merits, and denied the writ).
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