DUVALL v. KEATING

No. 98-6474.

162 F.3d 1058 (1998)

John Wayne DUVALL, Plaintiff-Appellant, v. Frank KEATING, Governor of the State of Oklahoma, Gary Gibson, Warden of the Oklahoma State Penitentiary, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 14, 1998.


Attorney(s) appearing for the Case

Submitted on the briefs:*

K. Leslie Delk, Norman, Oklahoma, for Plaintiff-Appellant.

William Humes, Office of the Attorney General, Oklahoma City, Oklahoma, for Defendants-Appellees.

Before TACHA, BALDOCK, and KELLY, Circuit Judges.


TACHA, Circuit Judge.

Plaintiff-Appellant John Wayne Duvall, a death row prisoner in the state of Oklahoma, appeals the order of the district court denying his request for a temporary restraining order ("TRO") and preliminary injunction and granting judgment in favor of defendants on his claim brought pursuant to 42 U.S.C. § 1983. We affirm the order of the district court and deny plaintiff's motion for a stay pending appeal.

On May 20, 1987, the District...

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