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CUNNINGHAM v. DIST. ATTORNEY'S OFFICE FOR ESCAMBIA

No. 07-10808.

592 F.3d 1237 (2010)

Dewayne S. CUNNINGHAM, Plaintiff-Appellant, v. DISTRICT ATTORNEY'S OFFICE FOR ESCAMBIA COUNTY, Defendant, Stephen M. Billy, Town of Flomaton, A Municipal Corporation, Attorney General, Troy King, Chief of Police, Michael Lambert, Circuit Court Clerk, James Taylor, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 6, 2010.

Attorney(s) appearing for the Case

Keith A. Findley, University of WI Law School, John David Myer, Ann M. Peacock, Matthew D. Lee, Foley & Lardner, LLP, Madison, WI, Arthur J. Madden, III, Madden & Soto, Mobile, AL, for Cunningham.

Jasper Beroujon Roberts, Jr., J. Clayton Crenshaw, AL Atty. Gen. Office, Montgomery, AL, for Defendants-Appellees.

Before BLACK and CARNES, Circuit Judges, and RESTANI, Judge.

CARNES, Circuit Judge:

Dewayne S. Cunningham is an Alabama prisoner serving a life sentence after having been convicted in 1996 of rape in the first degree. A decade after he was convicted, eight years after his conviction became final at the end of the direct appeal process, and following more than half a dozen separate attacks on his conviction in state and federal court, Cunningham filed a 42 U.S.C. § 1983 lawsuit...

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