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WILLIAMS v. ALLEN

No. 07-13638.

496 F.3d 1210 (2007)

Luther Jerome WILLIAMS, Plaintiff-Appellant, v. Richard ALLEN, Commissioner for Alabama Department of Corrections, in his official and individual capacity, Grantt Culliver, Warden, Holman Correctional Facility, in his individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 21, 2007.

Attorney(s) appearing for the Case

Joel L. Sogol, Tuscaloosa, AL, Scott K. Pomeroy, Little, Medeiros, Kinder, Bulman & Whitney, Inc., Providence, RI, for Williams.

J. Clayton Crenshaw, Montgomery, AL, for Allen and Culliver.

Before BIRCH, DUBINA and BARKETT, Circuit Judges.

DUBINA, Circuit Judge:

Plaintiff Luther Jerome Williams ("Williams") is an Alabama death row inmate scheduled for execution by lethal injection on August 23, 2007. On April 4, 2007, the State of Alabama (the "State") filed its motion with the Alabama Supreme Court to set an execution date. On April 20, Williams filed a 42 U.S.C. § 1983 complaint in federal district court, challenging the State's method of execution. The State filed a Motion to Dismiss on May...

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