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IN RE SAPP

Nos. 97-5755, 97-5768.

118 F.3d 460 (1997)

In re Doug SAPP, Commissioner, Kentucky Department of Corrections and Phil Parker, Warden, Kentucky State Penitentiary. Harold McQUEEN, Plaintiff-Appellant, v. Governor Paul E. PATTON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 27, 1997.

Rehearing and Suggestion for Rehearing Denied June 30, 1997.

Attorney(s) appearing for the Case

David A. Smith, Asst. Atty. Gen., Frankfort, KY, for Petitioners in No. 97-5755.

David A. Friedman, Carl Wedekind, American Civil Liberties Union of Kentucky, Louisville, KY, Marguerite Neill Thomas, Asst. Public Advocate and Donna L. Boyce (briefed), Department of Public Advocacy, Frankfort, KY, for Plaintiff-Appellant in No. 97-5768.

David A. Sexton, Asst. Atty. Gen., Civil Division, Frankfort, KY, Connie V. Malone and David A. Smith, Asst. Atty. Gen. (briefed), Frankfort, KY, for Defendant-Appellee in No. 97-5768.

Before: KEITH, KENNEDY, and BOGGS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied June 30, 1997.

OPINION

BOGGS, Circuit Judge.

Harold McQueen is a convicted murderer scheduled to die before sunrise on July 1, 1997, pursuant to an executive order signed by Governor Paul Patton on June 11, 1997. On May 19, 1997, McQueen filed what purports to be a 42 U.S.C. § 1983 action in the United States District Court for Western District of Kentucky, challenging the manner of his impending...

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