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SIEBERT v. ALLEN

No. 07-14956.

506 F.3d 1047 (2007)

Daniel Lee SIEBERT, 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.

November 5, 2007.

Attorney(s) appearing for the Case

Christine A. Freeman and Anne Borelli, Fed. Pub. Defenders, Montgomery, AL, for Siebert.

Before TJOFLAT, BARKETT and WILSON, Circuit Judges.

PER CURIAM:

We sua sponte vacate and reconsider our original opinion and substitute the following.

Daniel L. Siebert appeals the district court's denial of his Emergency Motion for Preliminary Injunction to Stay Execution and requests a postponement of execution. We conclude that the district court erred in refusing to enjoin the Commissioner from carrying out Siebert's execution pending the court's final disposition of his "as-applied" claim, i.e....

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