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KAEMMERLING v. LAPPIN

No. 07-5065.

553 F.3d 669 (2008)

Russell KAEMMERLING, Appellant v. Harley G. LAPPIN, Director, Federal Bureau of Prisons and Michael B. Mukasey, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 2008.

Attorney(s) appearing for the Case

Jef Kosseff, Student Counsel, argued the cause as amicus curiae in support of petitioner. With him on the briefs were Steven H. Goldblatt, appointed by the court, and Cecily E. Baskir, Damon C. Elder, and Elizabeth A. Rose, Student Counsel.

Russell Kaemmerling, pro se, was on the brief for appellant.

Oliver W. McDaniel, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence and Michael J. Ryan, Assistant U.S. Attorneys.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Russell Kaemmerling, a federal prisoner, appeals from the district court's dismissal of his action seeking to enjoin application of the DNA Analysis Backlog Elimination Act of 2000 ("DNA Act" or "the Act"), 42 U.S.C. §§ 14135-14135e. Kaemmerling alleged that the Act violated his rights under the Religious Freedom Restoration Act ("RFRA"), 42 U.S.C. §§ 2000bb-2000bb-4, and the First, Fourth, and Fifth Amendments of the United...

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