OSBORNE v. DISTRICT ATTORNEY'S OFFICE

No. 04-35126.

423 F.3d 1050 (2005)

William G. OSBORNE, Plaintiff-Appellant, v. DISTRICT ATTORNEY'S OFFICE FOR the THIRD JUDICIAL DISTRICT; Susan A. Parkes; Anchorage Police Department; Walt Monegan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2005.


Attorney(s) appearing for the Case

Robert C. Bundy, Dorsey & Whitney LLP, and Randall S. Cavanaugh, Kalamarides & Lambert, Anchorage, AK, for Appellant.

Nancy R. Simel, Assistant Attorney General, Anchorage, AK, for Appellee.

Before: GOODWIN, BRUNETTI, and W. FLETCHER, Circuit Judges.


BRUNETTI, Circuit Judge:

William Osborne, an Alaska prisoner, appeals the district court's dismissal of his action, brought under 42 U.S.C. § 1983, to compel the State to release certain biological evidence that was used to convict him in 1994 of kidnapping and sexual assault. Osborne, who maintains his factual innocence, hopes to subject the evidence, at his expense, to more sophisticated DNA analysis than was available at the time of his trial. He alleges that...

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