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WOOD v. RYAN

No. 14-16310.

759 F.3d 1076 (2014)

Joseph Rudolph WOOD, III, Plaintiff-Appellant, v. Charles L. RYAN, Director of the Arizona Department of Corrections; Ron Credio, Warden, ASPC-Eyman; Lance R. Hetmer, Warden, ASPC-Florence; Unknown Parties, named as John Does-unknown ADC Personnel, in their official capacities as Employees, Contractors, and/or Agents of the Arizona Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2014.

Order Denying Rehearing En Banc July 21, 2014.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender, Dale A. Baich & Robin C. Konrad (argued), Assistant Federal Public Defenders, District of Arizona, Phoenix, AZ, on behalf of Plaintiff-Appellant.

Thomas C. Horne , Attorney General, Jeffrey A. Zick , Chief Counsel, John Pressley Todd , Special Assistant Attorney General, Jeffrey L. Sparks (argued) & Matthew Binford , Assistant Attorneys General, State of Arizona, Phoenix, AZ, for Defendants-Appellees.

Before: THOMAS, GOULD, and BYBEE, Circuit Judges.

OPINION

THOMAS, Circuit Judge:

Joseph Wood ("Wood") is scheduled to die by lethal injection on July 23, 2014. Wood seeks information from the Arizona Department of Corrections ("Department") regarding the method of his execution, which the Department has not provided. Wood argues that, by withholding this information, the Department has violated his First Amendment rights. He seeks a preliminary injunction delaying...

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