Clyde Harper v. Judge Coffey, et al


PER CURIAM OPINION FILED - THE COURT: Duane Benton, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4375567] [15-2931]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2931 ___________________________ Clyde E. Harper lllllllllllllllllllll Plaintiff - Appellant v. Judge Coffey; Prosecutor Retelsdorf, of Douglas County lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: March 7, 2016 Filed: March 9, 2016 [Unpublished] ____________ Before BENTON, BOWMAN, and KELLY, Circuit Judges. ____________ 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. ______________________________ -2Appellate Case: 15-2931 Page: 2 Date Filed: 03/09/2016 Entry ID: 4375567

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