Legal Opinion

Mixon v. Sedita

District Court, W.D. New York

Decided November 22, 2010No. 09-CV-6590LPublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Charlie Mixon, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, who was convicted of second-degree murder and arson in 1990 in New York State Supreme Court, Erie County, asserts various constitutional claims based on the Erie County District Attorney’s (“DA”) request for the release of DNA evidence that plaintiff claims would exonerate him of the crimes of which he was convicted. Plaintiff has sued Frank A. Sedita, III, who is the current DA for Erie County.

Defendant has moved to dismiss the complaint for…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Owens v. OkureSupreme Court of the United States · 1989
  3. District Attorney's Office for the Third Judicial District v. OsborneSupreme Court of the United States · 2009
  4. Shomo v. City of New YorkCourt of Appeals for the Second Circuit · 2009
  5. KAREN VAN ZANT, Plaintiff-Appellant, v. KLM ROYAL DUTCH AIRLINES; And Kenneth Hasan King, Defendants-AppelleesCourt of Appeals for the Second Circuit · 1996

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3Cited by1 opinion

  1. Rivera v. LempkeDistrict Court, W.D. New York · 2011

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