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JONES v. ALLEN

No. 07-11840.

485 F.3d 635 (2007)

Aaron Lee JONES, Plaintiff-Appellant, v. Richard ALLEN, Commissioner, Alabama Department of Corrections, individually and in his official capacity, Grantt Culliver, Warden, Holman Correctional Facility in his individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 27, 2007.

Attorney(s) appearing for the Case

Heather K. McDevitt, Vincent R. Fitzpatrick, Jr., White & Case, LLP, New York City, for Jones.

J. Clayton Crenshaw, Montgomery, AL, for Defendants-Appellees.

Before ANDERSON, BIRCH and DUBINA, Circuit Judges.

DUBINA, Circuit Judge:

Plaintiff Aaron Lee Jones ("Jones") is an Alabama death row inmate scheduled for execution on May 3, 2007. On November 1, 2006, Jones filed a complaint under 42 U.S.C. § 1983 challenging the three-drug protocol Alabama will use to carry out his execution by lethal injection. After receiving notice that the Alabama Supreme Court set an execution date of May 3, 2007, Jones filed a motion to stay his

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