Cook v. Brewer
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
CALLAHAN, Circuit Judge:
Plaintiff Daniel Wayne Cook (“Cook”), an Arizona prisoner scheduled for execution on April 5, 2011, filed this action for equitable, injunctive and declaratory relief under 42 U.S.C. § 1983 (“§ 1983”) against Janice Brewer, Governor of Arizona, as well as Charles Ryan, Ernest Trujillo, and Carson McWilliams, who are Arizona Department of Corrections (“ADC”) officials (collectively, “Defendants”). The district court granted Defendants’ motion to dismiss for failure to state a claim upon which relief may be granted under Fed. R.Civ.P. 12(b)(6) (“Rule 12(b)(6)”).…
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