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DURR v. STRICKLAND

No. 10-3464.

602 F.3d 788 (2010)

Darryl M. DURR, Plaintiff-Appellant, v. Ted STRICKLAND, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

April 18, 2010.

Attorney(s) appearing for the Case

Kathleen A. McGarry, McGarry Law Office, Glorieta, NM, Dennis Lyle Sipe, Buell & Sipe, Marietta, OH, for Plaintiff-Appellant.

Charles L. Wille, Stephen E. Maher, Office of the Ohio Attorney General, Columbus, OH, for Defendants-Appellees.

Before: BATCHELDER, Chief Judge; SUHRHEINRICH and COLE, Circuit Judges.

ORDER

Darryl Durr, an Ohio inmate scheduled to be executed on April 20, 2010, pursuant to Ohio's lethal injection protocol, appeals from the district court's order granting the Defendants' motion to dismiss his complaint.1 The complaint alleged that the use of sodium thiopental, or in the alternative midazolam and hydromorphone, as a means of execution violate the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq...

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