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NEVILLE v. JOHNSON

No. 06-70005.

440 F.3d 221 (2006)

Robert James NEVILLE, Plaintiff-Appellant, v. Gary JOHNSON, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 8, 2006.

Attorney(s) appearing for the Case

Richard Alley, Robert Franklin Ford, Fort Worth, TX, for Neville.

Thomas M. Jones, Office of Atty. Gen., Postconviction Lit. Div., Austin, TX, for Defendants-Appellees.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:

Robert James Neville appeals the dismissal of his action seeking injunctive relief and a stay of execution under 42 U.S.C. § 1983. He alleged that a particular lethal injection protocol as well as related procedures violate the Eighth and Fourteenth Amendments of the Constitution. The district court dismissed Neville's action because he was dilatory in filing his action for equitable relief. We AFFIRM.

A challenge to a method of execution...

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