Filed: Mar. 09, 2016
Latest Update: Mar. 02, 2020
Summary: 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United States District Court for the District of Nebraska - Lincoln _ Submitted: March 7, 2016 Filed: March 9, 2016 [Unpublished] _ Before BENTON, BOWMAN, and KELLY, Circuit Judges.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 o
Summary: 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United States District Court for the District of Nebraska - Lincoln _ Submitted: March 7, 2016 Filed: March 9, 2016 [Unpublished] _ Before BENTON, BOWMAN, and KELLY, Circuit Judges.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..
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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[Unpublished]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.
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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