Cousins

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIAM HENRY COUSINS, 

Plaintiff-Appellant, v. BILL LOCKYER, (former) Attorney General of California, in his official capacity; RICHARD RIMMER, No. 07-17216 (former) Director of the California Department of Corrections and  D.C. No.

CV-07-01165-SBA

Rehabilitation (CDCR), in his

OPINION

individual capacity; ROSEANNE CAMPBELL, (former) Warden of Mule Creek State Prison, in her individual capacity; and JOHN/JANE DOES 1 through x, Defendants-Appellees.  Appeal from the United States District Court for the Northern District of California Saundra B. Armstrong, District Judge, Presiding

Argued and Submitted April 13, 2009—San Francisco, California

Filed June 15, 2009

Before: Thomas G. Nelson, Andrew J. Kleinfeld, and Milan D. Smith, Jr., Circuit Judges.

Opinion by Judge Milan D. Smith, Jr. COUNSEL

Dennis Cunningham & William Gordon Kaupp, Law Offices of Dennis Cunningham, San Francisco, California, for the plaintiff-appellant.

Wilfred T. Fong, Office of the California Attorney General, Oakland, California, for the…