FUGATE v. DEPARTMENT OF CORRECTIONS

No. 02-14400.

301 F.3d 1287 (2002)

Wallace M. FUGATE, III, Petitioner-Appellant, v. DEPARTMENT OF CORRECTIONS, Jim Wetherington, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 14, 2002.


Attorney(s) appearing for the Case

Sanjay Kishin Chhablani, Stephen B. Bright, Southern Center for Human Rights, Atlanta, GA, for Petitioner-Appellant.

James Jayson Phillips, State of GA Dept. of Law, Atlanta, GA, for Respondents-Appellees.

Before BIRCH, HULL and MARCUS, Circuit Judges.


BY THE COURT:

Fugate appeals the district court's dismissal of his complaint and moves to enjoin and restrain the defendants from executing him until they take certain measure to minimize the risk of unnecessary pain, suffering and mutilation during the execution process. The execution is presently scheduled for 7:00 P.M., on Wednesday, 14 August 2002.

The district court concluded that Fugate's action, putatively brought pursuant to 42 U.S.C. § 1983,...

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