Kevin Cooper v. Jeanne Woodford, Warden, San Quentin State Prison, San Quentin, California

357 F.3d 1019 KEVIN COOPER, Petitioner, v. JEANNE WOODFORD, Warden, San Quentin State Prison, San Quentin, California, Respondent. No. 04-70578. United States Court of Appeals, Ninth Circuit. Filed February 8, 2004. David T. Alexander, George Alan Yuhas, Lisa Marie Schull, Orrick, Herrington & Sutcliffe, LLP, San Francisco, CA, for Petitioner. Holly D. Wilkens, AGCA-Office of the California Attorney General, San Diego, CA, for Respondent. Before: James R. Browning, Pamela Ann Rymer, and Ronald M. Gould, Circuit Judges. 1 Order; Dissent by Judge Browning. ORDER 2 Kevin Cooper, a California death row inmate whose execution is scheduled for Tuesday, February 10, 2004 at 12:01 a.m., has filed an application to file a successor petition for writ of habeas corpus under 28 U.S.C. § 2244 (b)(3), and a request for stay of execution. His request for an order authorizing the district court to consider this petition — his third application in the federal system following denial of his original habeas petition — is premised on the existence of evidence with respect to a blood spot, cigarette butts, and shoe print impressions that he asserts was manufactured by the state…