COOPER v. BROWN

No. 05-99004.

510 F.3d 870 (2007)

Kevin COOPER, Petitioner-Appellant, v. Jill L. BROWN, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2007.


Attorney(s) appearing for the Case

Norman C. Hile and Ali Kazemi, Orrick, Herrington & Sutcliffe LLP, San Francisco, CA, for the petitioner.

Holly D. Wilkens, Deputy Attorney General, State of CA, San Diego, for the respondent.

Before: PAMELA ANN RYMER, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.


Opinion by Judge RYMER: Concurrence by Judge McKEOWN.

RYMER, Circuit Judge:

Kevin Cooper appeals the district court's denial of his third federal petition for a writ of habeas corpus. Sitting en banc, we held that Cooper made out a prima facie case that entitled him to file a second or successive application; authorized him to file it; and remanded for the district court to order that two tests be performed so that...

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