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HARRIS v. JOHNSON

No. 04-70028.

376 F.3d 414 (2004)

David Ray HARRIS, Plaintiff-Appellee, v. Gary L. JOHNSON, Executive Director, Texas Department of Criminal Justice, Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division; Neill Hodges, Warden, Huntsville Unit Huntsville, Texas; Unknown Executioners, Defendants-Appellants,

United States Court of Appeals, Fifth Circuit.

June 30, 2004.

Attorney(s) appearing for the Case

Solace Kirkland Southwick, Andrews & Kurth, Thomas Miles Farrell, Nickens, Keeton, Lawless, Farrell & Flack, Houston, TX, for Harris.

Gena Blount Bunn, Asst. Atty. Gen., Austin, TX, for Defendants-Appellants.

Before SMITH, DENNIS and CLEMENT, Circuit Judges.

PER CURIAM:

The state defendants seek vacatur of a temporary restraining order ("TRO") that prohibits the State of Texas from using a particular combination of chemicals during the execution of David Harris, scheduled for June 30, 2004.1 Agreeing with the state that Harris is not entitled to equitable relief because he has "delayed unnecessarily in bringing the claim," Nelson v. Campbell,<...

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