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CROWE v. DONALD

No. 07-15680.

528 F.3d 1290 (2008)

Samuel David CROWE, Plaintiff-Appellant, v. James E. DONALD, in his official capacity as Commissioner of the Georgia Department of Corrections, Hilton Hall, in his official capacity as Warden, Georgia Diagnostic and Classification Prison, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 20, 2008.

Attorney(s) appearing for the Case

Kristina M. Jones, Tony G. Powers, Robert B. Remar, Rogers & Hardin, LLP, Atlanta, GA, for Crowe.

Joseph J. Drolet, Atlanta, GA, for Defendants-Appellees.

Before BIRCH, BARKETT and PRYOR, Circuit Judges.

PRYOR, Circuit Judge:

Samuel David Crowe has moved for a stay of his execution by the State of Georgia, which is scheduled to occur on May 22, 2008, at 7:00 p.m., pending our review of the sua sponte dismissal of Crowe's complaint that the method for lethal injection employed by Georgia is cruel and unusual punishment. Because Crowe's complaint is barred by the statute of limitations and the equities do not favor a stay of execution, we deny his motion.

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