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GRAYSON v. KING

No. 05-15725.

460 F.3d 1328 (2006)

Darrell GRAYSON, Petitioner-Appellant, v. Troy KING, Attorney General for the State of Alabama, in his official capacity, Robert E. Owens, Jr., District Attorney for Shelby County, in his official capacity, Shelby County District Attorney Office, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 18, 2006.

Attorney(s) appearing for the Case

David Boies, Christopher M. Green, Ian Dumain, Brian Kohn, Boies, Schiller & Flexner, LLP, Armonk, NY, Peter Neufeld, Vanessa Potkin, Innocence Project, Benjamin N. Cardozo Sch. of Law, New York City, for Grayson.

Kevin Christopher Newsom, Montgomery, AL, for Respondents-Appellees.

Before ANDERSON, BIRCH and HULL, Circuit Judges.

HULL, Circuit Judge:

Plaintiff Darrell Grayson, an Alabama prisoner sentenced to death in state court, appeals the dismissal of his 42 U.S.C. § 1983 action seeking post-habeas access to biological evidence presented at his capital murder trial so that he can subject the evidence to DNA testing. After review and oral argument, we affirm.

I. BACKGROUND

A. Offense Conduct

In June 1982, Grayson was convicted of the murder of an...

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