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COUSINS v. LOCKYER

No. 07-17216.

568 F.3d 1063 (2009)

William Henry COUSINS, Plaintiff-Appellant, v. Bill LOCKYER, (former) Attorney General of California, in his official capacity; Richard Rimmer, (former) Director of the California Department of Corrections and Rehabilitation (CDCR), in his individual capacity; Roseanne Campbell, (former) Warden of Mule Creek State Prison, in her individual capacity; and John/Jane Does 1 through x, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2009.

Attorney(s) appearing for the Case

Dennis Cunningham & William Gordon Kaupp, Law Offices of Dennis Cunningham, San Francisco, CA, for the plaintiff-appellant.

Wilfred T. Fong, Office of the California Attorney General, Oakland, CA, for the defendants-appellees.

Before: T.G. NELSON, ANDREW J. KLEINFELD, and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

William Henry Cousins (Cousins) appeals from the dismissal of his 42 U.S.C. § 1983 complaint against several California state officials, in which he alleges that he was wrongfully imprisoned for an additional nineteen months after a California appellate court overturned the statute under which he was incarcerated. He argues that the officials breached their alleged duties to monitor whether his sentence was void under the invalidated...

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