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JACKSON v. DANBERG

No. 11-9002.

656 F.3d 157 (2011)

Robert W. JACKSON, III v. Carl C. DANBERG, Commissioner, Delaware Department of Correction; Thomas L. Carroll, Warden Delaware Correctional Center; Paul Howard, Bureau Chief Delaware Bureau of Prisons; Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution. Robert W. Jackson, III, individually and on behalf of the Certified Class, Appellant.

United States Court of Appeals, Third Circuit.

Filed: September 7, 2011.

Attorney(s) appearing for the Case

Helen A. Marino, Esq. , Maria K. Pulzetti, Esq. , Michael Wiseman, Esq. (Argued), Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellant.

Elizabeth R. McFarlan, Esq. , Marc P. Niedzielski, Esq. , Gregory E. Smith, Esq. , Paul R. Wallace, Esq. (Argued), Morgan Zurn, Esq. , State of Delaware, Department of Justice, Wilmington, DE, for Appellees.

Before: AMBRO, FISHER and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

A class of inmates sentenced to death by the State of Delaware and named plaintiff Robert W. Jackson, III (collectively referred to in this opinion as "Plaintiffs"), appeal from the District Court's denial of their motion to reopen and their motion for a stay of Jackson's execution. After careful review, we conclude that the District Court did not abuse its discretion, and, accordingly, we affirm.

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