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REESE v. LIVINGSTON

No. 06-70026.

453 F.3d 289 (2006)

Lamont REESE, Plaintiff-Appellant, v. Brad LIVINGSTON; Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division; Charles O'Reilly, Senior Warden, Huntsville Unit, Huntsville, Texas; Unknown Executioners, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 20, 2006.

Attorney(s) appearing for the Case

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

Tina J. Dettmer, Austin, TX, for Defendants-Appellees.

Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Proceeding under 42 U.S.C. § 1983, Lamont Reese seeks a stay of his execution scheduled for June 20, 2006. He attacks the method of execution by injection as administered in Texas as cruel and unusual punishment under the Eighth Amendment. The suit does not challenge the conviction or sentence of death.

I

On December 8, 2000, following his conviction for capital murder in the 371st Judicial District Court...

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