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BROWN v. LIVINGSTON

No. 06-70032.

457 F.3d 390 (2006)

Mauriceo Mashawn BROWN, Plaintiff-Appellant, v. Brad LIVINGSTON, Executive Director, Texas Department of Criminal Justice; 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.

July 19, 2006.

Attorney(s) appearing for the Case

Larry L. Warner, Law Offices of Larry Warner, Brownsville, TX, for Brown.

Tomee Morgan Heining, Austin, TX, for Defendants-Appellees.

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

The Plaintiff-Appellant, Mauriceo Brown, is scheduled to be executed by lethal injection on July 19, 2006. Brown appeals the district court's sua sponte dismissal of his suit seeking injunctive relief pursuant to 42 U.S.C. § 1983. He alleges that the combination of drugs that Texas uses in administering the lethal injection could paralyze him while leaving him fully conscious of excruciating...

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