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COOK v. BREWER

No. 11-15303.

637 F.3d 1002 (2011)

Daniel Wayne COOK, Plaintiff-Appellant, v. Janice K. BREWER; Charles L. Ryan; Ernest Trujillo; Carson McWilliams; Does 1-50, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2011.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender, Dale A. Baich (argued), Robin C. Konrad , Golnoosh Farzaneh , Assistant Federal Public Defenders, Phoenix, AZ, for the plaintiff-appellant.

Thomas C. Horne , Attorney General, Kent E. Cattani (argued), Chief Counsel, Capital Litigation Section, Phoenix, AZ, for the defendants-appellees.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

Plaintiff Daniel Wayne Cook ("Cook"), an Arizona prisoner scheduled for execution on April 5, 2011, filed this action for equitable, injunctive and declaratory relief under 42 U.S.C. § 1983 ("§ 1983") against Janice Brewer, Governor of Arizona, as well as Charles Ryan, Ernest Trujillo, and Carson McWilliams, who are Arizona Department of Corrections ("ADC") officials (collectively, "Defendants"). The district court...

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