BERRY v. EPPS

No. 07-70042.

506 F.3d 402 (2007)

Earl Wesley BERRY, Plaintiff-Appellant, v. Christopher B. EPPS, Commissioner of the Mississippi Department of Corrections; Lawrence Kelly, Superintendent of the Mississippi State Penitentiary at Parchman, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 26, 2007.


Attorney(s) appearing for the Case

James William Craig, Phelps Dunbar, Jackson, MS, for Berry.

Marvin L. White, Jr., Jackson, MS, for Defendants-Appellees.

Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.


PER CURIAM:

This action by Earl Wesley Berry, scheduled to be executed by lethal injection on 30 October 2007, challenges the protocol for lethal injection in Mississippi. Along that line, Berry appeals the dismissal of his 42 U.S.C. § 1983 complaint as well as the denial of his request for an injunction. He has also filed with this court an emergency application for an injunction and/or a stay of execution pending appeal.

I.

Berry is presently...

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