Cooper

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN COOPER, 

Petitioner-Appellant, No. 05-99004 v.  D.C. No.

CV-04-00656-H

JILL L. BROWN, Warden, California State Prison at San Quentin, OPINION Respondent-Appellee.  Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding

Argued and Submitted January 9, 2007—San Francisco, California

Filed December 4, 2007

Before: Pamela Ann Rymer, M. Margaret McKeown, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Rymer; Concurrence by Judge McKeown

15663 COOPER v. BROWN 15667

COUNSEL

Norman C. Hile and Ali Kazemi, Orrick, Herrington & Sut- cliffe LLP, San Francisco, California, for the petitioner.

Holly D. Wilkens, Deputy Attorney General, State of Califor- nia, San Diego, for the respondent.

OPINION

RYMER, Circuit Judge:

Kevin Cooper appeals the district court’s denial of his third federal petition for a writ of habeas corpus. Sitting en banc, we held that Cooper made out a prima facie case that entitled him to file a second or successive…