Cooper v. Rimmer

379 F.3d 1029 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. Amended August 12, 2004. David T. Alexander, George A. Yuhas, and Lisa Marie Schull, Orrick, Herrington, & Sutcliffe LLP, San Francisco, CA, for the plaintiff-appellant. Holly D. Wilkens, Deputy Attorney General, San Diego, CA, for the defendants-appellees. Appeal from the United States District Court for the Northern District of California Jeremy D. Fogel, District Judge, Presiding. D.C. No. CV-04-00436-JF. Before: BROWNING, RYMER, and GOULD, Circuit Judges. ORDER The opinion filed February 8, 2004, 358 F.3d 655 , is amended to include Judge Browning's concurrence. 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…