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MORALES v. CATE

Case Nos. 5-6-cv-219-JF-HRL, 5-6-cv-926-JF-HRL.

757 F.Supp.2d 961 (2010)

Michael Angelo MORALES and Albert Greenwood Brown, Plaintiffs, v. Matthew CATE, Secretary of the California Department of Corrections and Rehabilitation, et al., Defendants.

United States District Court, N.D. California, San Jose Division.

December 10, 2010.

Attorney(s) appearing for the Case

David Andrew Senior , Ann-Kathryn Rose Tria , Benjamin David Weston , McBreen & Senior, Jean M. Doherty , Kelly Marie Morrison , Richard P. Steinken , Jenner and Block, LLP, Los Angeles, CA, Ginger Anders , Jenner & Block, LLP, Washington, DC, Janice H. Lam , Jenner & Block, Chicago, IL, John R. Grele , Law Office of John R. Grele, San Francisco, CA, for Plaintiffs.

M ichael James Quinn , California State Attorney General's Office, Correctional Law Section, Dane R. Gillette , State Attorney General's Office, Ronald Stephen Matthias , Office of Attorney General, State of California, Jay Michael Goldman , California Department of Justice Office of the Attorney General, Thomas Stuart Patterson , California Attorney General's Office, San Francisco, CA, Kelly Lynn McClease , California Department of Corrections and Rehabilitation, Sacramento, CA, for Defendants.

ORDER RE PARTIAL MOTION TO DISMISS [Doc. No. 430]

JEREMY FOGEL, District Judge.

Plaintiffs are condemned prisoners whom Defendants seek to execute pursuant to California's operative lethal-injection protocol, California Code of Regulations, title 15, sections 3349 et seq. (2010), which took effect on August 29, 2010. (See Doc. No. 432-1.) On December 15, 2006, this Court found that an earlier version of the protocol, then officially designated as...

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