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MOODY v. RODRIGUEZ

No. 99-50010.

164 F.3d 893 (1999)

John Glenn MOODY, Plaintiff-Appellant, v. Victor RODRIGUEZ, Chairman of the Texas Board of Pardons and Paroles; Lynn F. Brown, Board Member; Bennie Elmore, Board Member; John Escobedo, Board Member; Gerald Garrett, Board Member; Juanita Gonzalez, Board Member; Daniel Lang, Board Member; Mary Leal, Board Member; Thomas W. Moss, Board member; Rissie Owens, Board Member; Paul Prejean, Board member; Brendolyn Rogers-Johnson, Board Member; Terri Schnorrenberg, Board member; Alvin A. Shaw, Board member; Charles A. Shipman, Board member; Cynthia Tauss, Board member; Sandie Walker, Board Member; W.G. Walker, Board Member, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 5, 1999.

Attorney(s) appearing for the Case

Raoul Dieter Schonemann, Austin, TX, for Plaintiff-Appellant.

Douglas A. Danzeiser, Austin, TX, for Defendants-Appellees.

Before JONES, DUHÉ and BARKSDALE, Circuit Judges.

PER CURIAM:

After his unsuccessful state and federal habeas challenges and after being denied clemency by the Board of Pardons and Paroles, Moody resorted to filing this § 1983 claim against the Board only three hours before his scheduled execution. The district court granted the defendants' motion for summary judgment, finding that "the Texas clemency procedure provides the minimal procedural safeguards required by federal law." Moody v. Rodriguez, Civ...

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