Clyde Harper v. Judge Coffey, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Duane Benton, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4375567] [15-2931]

United States Court of Appeals
For the Eighth Circuit
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No. 15-2931
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Clyde E. Harper
lllllllllllllllllllll Plaintiff - Appellant
v.
Judge Coffey; Prosecutor Retelsdorf, of Douglas County
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Nebraska - Lincoln
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Submitted: March 7, 2016
Filed: March 9, 2016
[Unpublished]
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Before BENTON, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Clyde E. Harper appeals the district court’s1 dismissal of his 42 U.S.C. § 1983
complaint seeking postconviction access to DNA testing of certain evidence used at
his state criminal trial. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

1

The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska.
Appellate Case: 15-2931

Page: 1

Date Filed: 03/09/2016 Entry ID: 4375567

After carefully reviewing the record and Harper’s brief, this court finds no error
warranting reversal. See Dist. Attorney’s Office for Third Judicial Dist. v. Osborne,
557 U.S. 52, 69, 72-75 (2009) (discussing contours of substantive and procedural due
process rights related to postconviction access to DNA testing).
The dismissal is affirmed. See 8th Cir. R. 47B.
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-2Appellate Case: 15-2931

Page: 2

Date Filed: 03/09/2016 Entry ID: 4375567