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COOEY v. STRICKLAND

No. 10-3598.

604 F.3d 939 (2010)

Richard COOEY, Plaintiff, Michael Beuke, Plaintiff-Intervenor-Appellant, v. Ted STRICKLAND, Governor, State of Ohio; Ernie L. Moore, Director, Ohio Department of Rehabilitation and Correction; Donald Morgan, Warden, Southern Ohio Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 12, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Charles L. Wille, Thomas E. Madden, Office of the Ohio Attorney General, Columbus, Ohio, for Appellees.

BATCHELDER, C.J., delivered the opinion of the court, in which NORRIS, J., joined. MARTIN, J. (pp. 947-49), delivered a separate dissenting opinion.

OPINION

ALICE M. BATCHELDER, Chief Judge.

Intervenor-Plaintiff Michael Beuke, an Ohio death row inmate, appeals from the order of the United States District Court for the Southern District of Ohio, Eastern Division, denying both his motion for injunctive relief filed pursuant to 42 U.S.C. § 1983, and his oral request to stay his execution pending appeal of the decision. On appeal, Beuke also requests, in the alternative, that a single judge issue a...

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