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PENLEY v. COLLIN COUNTY

No. 05-40565.

446 F.3d 572 (2006)

Paul Christopher PENLEY, Plaintiff-Appellant, v. COLLIN COUNTY, TEXAS; Charles Sandoval, Judge of the 380th District Court of Collin County, Texas; Tom O'Connell; Lisa Renfro, Court Reporter of the 380th District Court; John Roach, District Attorney of Collin County, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 12, 2006.

Attorney(s) appearing for the Case

James M. Murphy, Dallas, TX, for Penley.

Seth Byron Dennis, Asst. Atty. Gen., Austin, TX, for Collin Cty., TX, Sandoval and O'Connell.

Robert Jacob Davis, Matthews, Carlton, Stein, Shiels, Pearce, Dunn & Knott, Dallas, TX, for Renfro and Roach.

Before GARWOOD, HIGGINBOTHAM and CLEMENT, Circuit Judges.

PER CURIAM:

Paul Christopher Penley, currently serving a fourteen-year prison sentence for involuntary manslaughter, appeals the district court's dismissal of his 42 U.S.C. § 1983 complaint against several officials of Collin County, Texas. Penley claims that evidence of his crime was destroyed, which prevents him from availing himself of the opportunity for DNA testing provided by Texas law. We review the district court's dismissal de novo, applying the...

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