Kevin Cooper v. Gavin Newsom

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN COOPER; ALBERT No. 18-16547

GREENWOOD BROWN; RONALD

LEE DEERE; ROBERT G. FAIRBANK; D.C. Nos. ANTHONY J. SULLY, 3:06-cv-00219-RS Plaintiffs-Appellees, 3:06-cv-00926-RS

v.

ORDER

GAVIN NEWSOM; SCOTT KERNAN,

Secretary of the California Department of Corrections and Rehabilitation; RONALD DAVIS, Warden of San Quentin State Prison, Defendants-Appellees,

v.

SAN BERNARDINO COUNTY

DISTRICT ATTORNEY; SAN MATEO

COUNTY DISTRICT ATTORNEY;

RIVERSIDE COUNTY DISTRICT

ATTORNEY,

Movants-Appellants. Filed March 2, 2022

Before: William A. Fletcher, Danielle J. Forrest, and Lawrence VanDyke, Circuit Judges.

Order; Concurrence by Judges W. Fletcher and Forrest; Dissent by Judge Bumatay; Dissent by Judge Callahan; Dissent by Judge VanDyke

SUMMARY*

Civil Rights/Death Penalty

The panel denied on behalf of the court rehearing en banc after a judge sua sponte called for a vote on whether to rehear this case en banc and the matter failed to receive a majority of votes of the nonrecused active judges in favor of en banc consideration.

The…