Curtis Morrison v. Mark Peterson

OPINION

M. SMITH, Circuit Judge:

Prisoner Curtis Lee Morrison made two unsuccessful motions in California State court for post-conviction DNA testing under California Penal Code § 1405. He then brought this action, seeking relief under 42 U.S.C. § 1983. The district court dismissed the action on the merits.

On appeal, the court appointed pro bono counsel, who provided valuable assistance to Morrison and the court. Morrison pursues a facial challenge to two provisions of the statute, and an as-applied challenge to a third. We reject those challenges, and affirm the decision of the district court.

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