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HENYARD v. SECRETARY, DOC

No. 08-15396.

543 F.3d 644 (2008)

Richard HENYARD, Plaintiff-Appellant, v. SECRETARY, DOC, John Does, Other Unknown Employees and Agents of the Florida DOC, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 23, 2008.

Attorney(s) appearing for the Case

Cassandra Jae Capobianco (Court-Appointed), Florida Institutional Legal Services, Inc., Newberry, FL, for Henyard.

Stephen D. Ake, Tampa, FL, for Secretary, DOC.

Before BIRCH, BARKETT and HULL, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Richard Henyard is a Florida death row inmate scheduled for execution on September 23, 2008, at 6:00 p.m. On September 22, 2008, at 9:30 p.m., Henyard filed an action, via facsimile, under 42 U.S.C. § 1983, contending that certain aspects of the method of execution by lethal injection chosen by the State of Florida constitute cruel and unusual punishment, in violation of the Eighth and Fourteenth Amendments. The district court...

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