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SCHWAB v. SECRETARY, DEPT. OF CORRECTIONS

No. 07-15329.

507 F.3d 1297 (2007)

Mark Dean SCHWAB, Plaintiff-Appellee, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Other Unknown Employees and Agents, Florida Department of Corrections, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 15, 2007.

Attorney(s) appearing for the Case

Kenneth Sloan Nunnelley, Dept. of Legal Affairs, Daytona Beach, FL, for Defendants-Appellants.

Before DUBINA, CARNES and HULL, Circuit Judges.

PER CURIAM:

We have before us a motion filed by the State of Florida, through the Secretary of its Department of Corrections, asking that we vacate a stay of execution the district court entered early yesterday afternoon on behalf of Mark Dean Schwab. That court entered the stay in response to Schwab's emergency motion for one in connection with his last-minute filing of a 42 U.S.C. § 1983 lawsuit challenging the manner in which the state's lethal injection procedures...

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