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HAMILTON v. BROWN

No. 09-15236.

630 F.3d 889 (2011)

George HAMILTON, Plaintiff-Appellant, v. Edmund G. BROWN Jr., Attorney General, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 4, 2011.

Attorney(s) appearing for the Case

George Hamilton , Kern Valley State Prison, Delano, CA, plaintiff-appellant, appearing pro se.

No appearance for the defendants-appellees.

Before: ROBERT E. COWEN, A. WALLACE TASHIMA, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

We must decide whether California state prison inmates constitutionally may be required to provide blood samples for DNA identification under California's DNA and Forensic Identification Database and Data Bank Act of 1998, as amended, Cal. Pen. Code § 295 et seq. (the "Act" or the "California DNA Act"). Pro se plaintiff George Hamilton, a California state prison inmate, alleges that prison officials forcibly...

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