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SAVORY v. LYONS

No. 06-1296.

469 F.3d 667 (2006)

Johnnie Lee SAVORY, II, Plaintiff-Appellant, v. Kevin W. LYONS, in his official capacity as the State's Attorney for Peoria County, Illinois, City of Peoria, Gary Poynter, in his official capacity as Chief of Police of City of Peoria, Robert Spears, in his official capacity as Clerk of the Peoria County Circuit Court, and Peoria County, Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 2006.

Attorney(s) appearing for the Case

Matthew M. Neumeier, Christopher Tompkins (argued), Jenner & Block, Chicago, IL, for Plaintiff-Appellant.

William W. Atkins (argued), Peoria County State'S Attorney Peoria County Courthouse, Peoria, IL, Clifton J. Mitchell, City of Peoria, Peoria, IL, for Defendants-Appellees.

Before RIPPLE, KANNE, and WILLIAMS, Circuit Judges.

KANNE, Circuit Judge.

Johnnie Lee Savory II was convicted of murder in 1977, and is currently serving concurrent terms of forty to eighty years in Illinois. Savory appeals the dismissal of his suit seeking access to the physical evidence in his case for the purposes of DNA testing. He filed this civil rights suit pursuant to 42 U.S.C. § 1983 in the Central District of Illinois on April 4, 2005 alleging that the government...

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