No. 05-99004.

565 F.3d 581 (2009)

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

United States Court of Appeals, Ninth Circuit.

May 11, 2009.

Attorney(s) appearing for the Case

David T. Alexander, Esquire, Mbv Law, LLP, George Yuhas, Orrick Herrington & Sutcliffe LLP, Ali Kazemi, Esquire, San Francisco, CA, Norman C. Hile, Orrick Herrington & Sutcliffe, LLP, Sacramento, CA, for Petitioner-Appellant.

Holly D. Wilkens, Esquire, Deputy Attorney General, Agca-Office of the California Attorney General, San Diego, CA, for Respondent-Appellee.

Dissent by Judge WILLIAM A. FLETCHER; Dissent by Judge WARDLAW; Dissent by Judge FISHER; Dissent by Judge REINHARDT; Concurrence by Judge RYMER.


The panel has voted to deny the Petition for Rehearing and Petition for Rehearing En Banc.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to hear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc are DENIED.



Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.



Read it with your Leagle account.
Sign in to continue

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases