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COOK v. BREWER

No. 11-15743.

649 F.3d 915 (2011)

Daniel Wayne COOK, Plaintiff-Appellant, v. Janice K. BREWER, Governor of Arizona; Charles L. Ryan, Director, Arizona Department of Corrections; Ernest Trujillo, Warden, Arizona Department of Corrections-Eyman; Carson McWilliams, Warden, Arizona Department of Corrections—Florence; Unknown Parties, Does 1-50, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2011.

Attorney(s) appearing for the Case

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

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

Before: O'SCANNLAIN, GRABER, and CALLAHAN, Circuit Judges.

PER CURIAM:

Plaintiff Daniel Wayne Cook ("Cook") appeals the district court's dismissal of his complaint for failure to state a claim. We affirm.

I

We have already upheld the district court's denial of Cook's first complaint seeking relief under 42 U.S.C. § 1983 ("§ 1983"). Cook v. Brewer, 637 F.3d 1002 (9th Cir.2011). That complaint, like the instant one, asserted that the Arizona Department of...

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