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COOEY v. STRICKLAND

No. 09-4300.

588 F.3d 921 (2009)

Richard COOEY, Kenneth Biros (Intervenor), Plaintiff-Appellee, v. Ted STRICKLAND, Governor, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

November 25, 2009.

Attorney(s) appearing for the Case

John Patrick Parker, Attorney, Law Offices, Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, OH, for Plaintiff-Appellee.

Charles L. Wille, Office of the Ohio Attorney General, Columbus, OH, for Defendant-Appellant.

Before: SILER, GIBBONS, and SUTTON, Circuit Judges.

ORDER

PER CURIAM.

The State of Ohio set an execution date of December 8, 2009, for Kenneth Biros. On October 19, 2009, the district court stayed the execution based on preexisting litigation related to challenges to Ohio's method of execution, including challenges stemming from the State's use of a three-drug protocol and its difficulty accessing usable veins in prior executions.

On November 13, 2009, Ohio changed its execution protocol, effective...

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