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BANKS v. GONZALES

No. 05-CV-278-TCK-PJC.

415 F.Supp.2d 1248 (2006)

Richard Myer BANKS, Mary Lafficer Doyle, Stanley Allen Acuff, Melanie Pool Alphin, Lisa Renee Bell, Plaintiffs, v. Alberto R. GONZALES, Attorney General, United States Department of Justice; Leonidas Ralph Mecham, Director, Administrative Office for the United States Courts; Robert S. Mueller, III, Director, Federal Bureau of Investigation; David E. O'Meilia, United States Attorney for the Northern District of Oklahoma; Brad Stewart, Chief United States Probation Officer for the Northern District of Oklahoma, Defendants.

United States District Court, N.D. Oklahoma.

February 14, 2006.

Attorney(s) appearing for the Case

Barry L. Derryberry, Robert Allen Ridenour, Federal Public Defender's Office, Tulsa, OK, for Plaintiffs.

Melody Noble Nelson, Phil E. Pinnell, Loretta Finiece Radford, Neal B. Kirkpatrick, Kevin Chambers Leitch, United States Attorney's Office, Tulsa, OK, for Defendants.

Before KERN, EAGAN, and PAYNE, District Judges sitting as an en banc panel.

OPINION AND ORDER

KERN, District Judge.

Before the Court are: (1) Plaintiffs' Second Amended Complaint (Docket No. 13), filed June 7, 2005, which requests a permanent injunction and declaratory relief enjoining Defendants from forcing Plaintiffs to comply with the DNA Backlog Elimination Act of 2000, Pub.L. No. 106-546, 114 Stat. 2726 (Dec. 19, 2000) (codified at, inter alia, 42 U.S.C. § 14135a, as amended by USA PATRIOT Act of 2001, Pub...

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