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WHITE v. JOHNSON

No. 05-70050.

429 F.3d 572 (2005)

Melvin Wayne WHITE, Plaintiff-Appellant, v. Gary L. JOHNSON, Executive Director, Texas Department of Criminal Justice, Institutional Division; Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division; Charles O. O'Reilly, Senior Warden, Huntsville Unit Huntsville, Texas; Unknown Executioners, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 1, 2005.

Attorney(s) appearing for the Case

David R. Dow, Jared Tyler, University of Houston Law Center, Houston, TX, for White.

Margaret L. Schmucker, Austin, TX, for Defendants-Appellees.

Before JONES, BENAVIDES and CLEMENT, Circuit Judges.

PER CURIAM:

Appellant Melvin Wayne White appeals the dismissal of his action seeking injunctive relief under 42 U.S.C. § 1983, in which he alleged that Texas's method of execution violated the Eighth and Fourteenth Amendments of the Constitution. The district court sua sponte dismissed White's action because it determined that he was dilatory in filing his action for equitable relief. We AFFIRM.

I. BACKGROUND

White was convicted of capital...

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