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MORRISON v. PETERSON

No. 13-15675.

809 F.3d 1059 (2015)

Curtis Lee MORRISON, Plaintiff-Appellant, v. Mark PETERSON, Defendant-Appellee, The Attorney General of the State of California, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed December 15, 2015.

Attorney(s) appearing for the Case

Joshua S. Lipshutz (argued), Gibson Dunn & Crutcher, San Franciso, CA, for Plaintiff-Appellant.

Christopher B. Whitman (argued), Deputy County Counsel, Sharon L. Anderson , County Counsel, County of Contra Costa, Martinez, CA, for Defendant-Appellee.

Kamala D. Harris , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Jeffrey M. Laurence , Acting Senior Assistant Attorney General, Gregory A. Ott and Michael Chamberlain , Deputy Attorneys General, State of California, San Francisco, CA, for Intervenor.

Before: DIARMUID F. O'SCANNLAIN and MILAN D. SMITH, Jr., Circuit Judges, and BRIAN M. MORRIS, District Judge.

OPINION

Prisoner Curtis Lee Morrison made two unsuccessful motions in California State court for post-conviction DNA testing under California Penal Code § 1405. He then brought this action, seeking relief under 42 U.S.C. § 1983. The district court dismissed the action on the merits.

On appeal...

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