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HARRIS v. JOHNSON

Civil Action No. H-04-CV-1514.

323 F.Supp.2d 797 (2004)

David Ray HARRIS, Plaintiff, v. Gary JOHNSON, et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

June 29, 2004.

Attorney(s) appearing for the Case

Thomas M. Farrell, Nickens Keeton et al, Houston, TX, for plaintiff.

Gena Blount Bunn, Texas Attorney General, Austin, TX, for defendants.

ORDER

GILMORE, District Judge.

David Ray Harris, a death row inmate with an execution date of June 30, 2004, filed suit under 42 U.S.C. § 1983. Harris complains that the protocol for lethal injection used by the State of Texas violates the Eighth and Fourteenth Amendments' prohibition of cruel and unusual punishment.

On April 30, 2004, this Court dismissed Plaintiff's case without addressing the merits, in reliance upon Martinez v...

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