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PARKER v. STATE BD. OF PARDONS AND PAROLES

No. 01-16902.

275 F.3d 1032 (2001)

Byron Ashley PARKER, Petitioner-Appellant, v. The STATE BOARD OF PARDONS AND PAROLES, Walter Ray, Chair, State of Georgia Board of Pardons and Paroles, Bobby K. Whitworth, Garfield Hammonds, Jr., Dr. Betty Ann Cook, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 11, 2001.

Attorney(s) appearing for the Case

Thomas H. Dunn, Atlanta, GA, for Petitioner-Appellant.

John C. Jones, Mary Beth Westmoreland, Christopher S. Brasher, James Jayson Phillips, State Law Dept., Atlanta, GA, for Respondents-Appellees.

Before EDMONDSON, CARNES and BARKETT, Circuit Judges.

PER CURIAM:

Byron Ashley Parker, scheduled to be executed at 7:00 p.m. on Tuesday, December 11, 2001, appeals the denial of his motion under Rule 65 of the Federal Rules of Civil Procedure for a temporary restraining order ("TRO"), preliminary injunction, and/or stay of execution based on his claim for declaratory relief pursuant to 42 U.S.C. § 1983. Parker's claim alleges that, as presently constituted, the Georgia Board of Pardons and Paroles (the "Board")...

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