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COOPER v. RAMOS

No. 11-57144.

704 F.3d 772 (2012)

Kevin COOPER, Plaintiff-Appellant, v. Michael A. RAMOS, District Attorney for the County of San Bernardino; Steven Myers, Senior Criminalist with the California Department of Justice DNA Laboratory; Daniel Gregonis, Criminalist at the SBCSD; Fred Eckley; Ken Schreckengost, SBCSD Deputy; William Baird, SBCSD Deputy; Irvin Sharp, SBCSD Deputy; Hector Ocampo, SBCSD Detective; Gale Duffy, SBCSD Deputy; David Stockwell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2012.

Attorney(s) appearing for the Case

L. David Russell and Kenneth K. Lee , Jenner & Block LLP, Los Angeles, California, for Plaintiff-Appellant.

Shannon L. Gustafson , Lynberg & Watkins, Orange, California for Defendants-Appellees Michael A. Ramos, Daniel Gregonis, Fred Eckley, Ken Schreckengost, William Baird, Irvin Sharp, Hector Ocampo, Gale Duffy, and David Stockwell; Kristin G. Hogue, Office of the Attorney General, San Diego, California, for Defendant-Appellee Steven Myers.

Before: M. MARGARET McKEOWN, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge.

Kevin Cooper was convicted of four counts of first-degree murder and sentenced to death in 1985. Since then his case has traveled up, down and around the federal and state judiciaries. Most recently, Cooper filed suit in federal district court in California challenging a state court's denial of his request to obtain additional DNA testing pursuant to a state statute. In the complaint, Cooper alleges that he is the target of...

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