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IN RE OHIO EXECUTION PROTOCOL LITIGATION

No. 12-3035.

671 F.3d 601 (2012)

In re OHIO EXECUTION PROTOCOL LITIGATION. Bennie Adams, et al., Plaintiffs, Charles Lorraine, Plaintiff-Appellee, v. John Kasich, Governor, State of Ohio; Gary Mohr, Director, ODRC; Donald Morgan, Warden, Southern Ohio Correctional Facility; Anonymous Execution Team Members 1-50, c/o Southern Ohio Correctional Facility, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

January 13, 2012.

ORDER

Before this Court is the State of Ohio's emergency motion to vacate the district court's order staying the execution of Charles Lorraine, scheduled for January 18, 2012, at 10:00 a.m. On January 11, 2012, District Judge Gregory Frost issued a lengthy written opinion granting the stay, based on persistent failure or refusal of the State to follow its own written execution protocol.

Based upon the analysis...

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