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COOPER v. RIMMER

No. 04-99001.

379 F.3d 1029 (2004)

Kevin COOPER, Plaintiff-Appellant, v. Richard A. RIMMER, Acting Director of the California Department of Corrections; Jeanne Woodford, Warden, San Quentin State Prison, San Quentin, California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2004.

Amended August 12, 2004.

Attorney(s) appearing for the Case

David T. Alexander, George A. Yuhas, and Lisa Marie Schull, Orrick, Herrington, & Sutcliffe LLP, San Francisco, CA, for the plaintiff-appellant.

Holly D. Wilkens, Deputy Attorney General, San Diego, CA, for the defendants-appellees.

Before: BROWNING, RYMER, and GOULD, Circuit Judges.

ORDER

The opinion filed February 8, 2004, 358 F.3d 655, is amended to include Judge Browning's concurrence.

OPINION

PER CURIAM:

Kevin Cooper, a California death row inmate whose execution is scheduled for Tuesday, February 10, 2004 at 12:01 a.m., appeals the district court's order denying his motions for temporary restraining order and preliminary injunction, and for expedited discovery, in his action pursuant...

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