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VAN POYCK v. McCOLLUM

No. 09-15718.

646 F.3d 865 (2011)

William VAN POYCK, Plaintiff-Appellant, v. Bill McCOLLUM, in his official capacity as Attorney General for the State of Florida, Barry Krischer, Michael F. McAuliffe, in his official capacity as State Attorney for the Fifteenth Judicial Circuit of Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 15, 2011.

Attorney(s) appearing for the Case

Freya K. Bowen , Quarles and Brady, Madison, WI, Elizabeth B. Chamberlin , Jeffrey O. Davis , Quarles and Brady, LLP, Milwaukee, WI, for Appellant.

Charmaine M. Millsaps , Office of the Attorney General, Tallahassee, FL, for Appellees.

Before EDMONDSON, MARCUS and BLACK, Circuit Judges.

PER CURIAM:

Plaintiff William Van Poyck seeks access to evidence to conduct DNA testing for the purpose of seeking executive clemency. We conclude that Plaintiff has not shown that Defendants ("state officers") have violated a federally protected right on the facts of this case. We affirm the district court's dismissal of Plaintiff's 42 U.S.C. § 1983 action.

I. BACKGROUND

A jury convicted Plaintiff of murder for his role in the shooting of a...

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