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GRAYSON v. ALLEN

No. 07-12364. Non-Argument Calendar.

491 F.3d 1318 (2007)

Darrell GRAYSON, Plaintiff-Appellant, v. Richard ALLEN, Commissioner, Alabama Department of Corrections, in his individual and official capacities, Grantt Culliver, Warden, Holman Correctional Facility, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 16, 2007.

Attorney(s) appearing for the Case

Vincent R. Fitzpatrick, Jr., White & Case LLP, New York City, Stephen B. Bright, Atty. at Law, William Robert Montross, Jr., Southern Center for Human Rights, Atlanta, GA, for Plaintiff-Appellant.

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

Before ANDERSON, BIRCH and HULL, Circuit Judges.

HULL, Circuit Judge.

Plaintiff Darrell Grayson, an Alabama death row inmate scheduled for execution on July 26, 2007, appeals the district court's order dismissing his 42 U.S.C. § 1983 action challenging Alabama's lethal injection protocol and its administration. After review, we conclude that the district court did not abuse its discretion in finding that Grayson unreasonably delayed the filing of this § 1983 action and thus affirm the dismissal.

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