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WORATZECK v. ARIZONA BD. OF EXEC. CLEMENCY

No. 97-99015.

117 F.3d 400 (1997)

William Lyle WORATZECK, Plaintiff-Appellant, v. ARIZONA BOARD of EXECUTIVE CLEMENCY, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1997.

Attorney(s) appearing for the Case

David J. Burman, Ruth Todd Chattin, Susan Fahringer, Perkins Coie, Seattle, WA, for plaintiff-appellant.

Paul J. McMurdie, Chief Counsel, Office of the Attorney General, Criminal Appeals Section, Phoenix, AZ, for defendants-appellees.

Before: WALLACE, FARRIS, and BOOCHEVER, Circuit Judges.

PER CURIAM.

Woratzeck, an Arizona state prisoner sentenced to death tomorrow morning at 12:05 a.m., appeals from the district court's denial of his motion for a temporary restraining order (TRO) and stay of his execution. Denial of a TRO is normally not a final appealable order. However, since Woratzeck faces imminent execution, "the court will not require [Woratzeck] to go through the futile act of reapplying for permanent relief and the denial of a TRO may be treated...

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