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SCHAD v. BREWER

No. 13-16978.

732 F.3d 946 (2013)

Edward Harold SCHAD, Plaintiff-Appellant, and Robert Glen Jones, Jr., Intervenor-Plaintiff, v. Janice K. BREWER, Governor of the State of Arizona, in her official capacity; Scott Smith, Chief of Staff to Governor Brewer, in his official capacity; Brian Livingston, Chairman and Executive Director, Arizona Board of Executive Clemency; Jack Lasota, Member, Arizona Board of Executive Clemency, in his official capacity, AKA John Jack Lasota; Ellen Kirschbaum, Member, Arizona Board of Executive Clemency, in her official capacity; Donna Harris, Member, Arizona Board of Executive Clemency, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 7, 2013.

Attorney(s) appearing for the Case

Kelley J. Henry , Assistant Federal Public Defender, Nashville, TN; and Denise Irene Young , Law Office of Denise I. Young, Tucson, AZ, for Petitioner-Appellant Edward Harold Schad.

Timothy M. Gabrielsen , Assistant Federal Public Defender, Tucson, AZ, for Intervenor-Plaintiff, Robert Glen Jones, Jr.

Kelley Elaine Gillilan-Gibson and Brian Patrick Luse , Assistant Attorneys General, Phoenix, AZ, for Defendant-Appellees.

Before: SCHROEDER, REINHARDT, and GRABER, Circuit Judges.

OPINION

PER CURIAM:

Plaintiff-Appellant Edward Schad is scheduled to be executed on October 9, 2013, in Arizona for the 1978 murder of Lorimer Grove. His efforts to reopen the district court's 2006 habeas judgment by invoking Federal Rule of Civil Procedure 60(b) have been the subject of another appeal, No. 13-16895, in a separate district court action. In our opinion, we affirmed the district court's denial of relief and recounted the long history of this...

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