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BRADLEY v. KING

No. 07-12073. Non-Argument Calendar.

556 F.3d 1225 (2009)

Danny Joe BRADLEY, Plaintiff-Appellant, v. Troy KING, Attorney General for the State of Alabama, in his official capacity, J.C. Upshaw Downs, MD, Director and Chief Medical Examiner, Alabama Department of Forensic Sciences-Headquarters, Auburn, AL, in his official capacity, Joe Hubbard, District Attorney for Calhoun County, District Attorney Office for Calhoun County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 3, 2009.

Attorney(s) appearing for the Case

Theodore A. Howard, Wiley Rein, LLP, Washington, DC, for Appellant.

Clayton J. Crenshaw, Ala. Atty. Gen. Office, Montgomery, AL, for Appellee.

Before EDMONDSON, Chief Judge, BIRCH and BARKETT, Circuit Judges.

BIRCH, Circuit Judge:

Plaintiff-appellant Danny Joe Bradley ("Bradley"), an Alabama death row inmate, is scheduled for execution on 12 February 2009. He appeals the district court's order dismissing his 42 U.S.C. § 1983 claims to compel the Defendants-appellees ("Appellees") to produce evidence for DNA testing. Bradley also requests a stay of execution in order to permit resolution of this appeal. For the following reasons, we AFFIRM the judgment of the district...

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