Cooper v. Rimmer

358 F.3d 655 Kevin COOPER, Plaintiff-Appellant, v. Richard A. RIMMER, Acting Director of the California Department of Corrections; Jeanne Woodford, Warden, San Quentin State Prison, San Quentin, California, Defendants-Appellees. No. 04-99001. United States Court of Appeals, Ninth Circuit. Submitted February 8, 2004. * Filed February 8, 2004. David T. Alexander, George A. Yuhas, and Lisa Marie Schull, Orrick, Herrington, & Sutcliffe LLP, San Francisco, California, for the petitioner-appellant. Holly D. Wilkens, Deputy Attorney General, San Diego, California, for the respondents-appellees. Appeal from the United States District Court for the Northern District of California; Jeremy D. Fogel, District Judge, Presiding, D.C. No. CV-04-0436-JF. Before: James R. BROWNING, RYMER, Pamela Ann and Rymer, and Ronald M. GOULD, Circuit Judges. OPINION PER CURIAM: 1 Kevin Cooper, a California death row inmate whose execution is scheduled for Tuesday, February 10, 2004 at 12:01 a.m., appeals the district court's order denying his motions for temporary restraining order and preliminary injunction, and for expedited discovery, in his action pursuant to 42 U.S.C. § 1983 against Richard A.…