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IN RE LOMBARDI

No. 13-3699.

741 F.3d 888 (2014)

In re George A. LOMBARDI, Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: January 24, 2014.

Attorney(s) appearing for the Case

Michael J. Spillane , Asst. Atty. Gen., Jefferson City, MO ( Chris Koster , Atty. Gen., Stephen D. Hawke , Asst. Atty. Gen., on the brief), for petitioner.

Joseph W. Luby , Death Penalty Litigation Clinic, Kansas City, MO, for respondent.

Before RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, SHEPHERD, and KELLY, Circuit Judges, En Banc.

COLLOTON, Circuit Judge, with whom RILEY, Chief Judge, and WOLLMAN, LOKEN, SMITH, GRUENDER, and SHEPHERD, Circuit Judges, join.

George Lombardi, Director of the Missouri Department of Corrections, petitions for a writ of mandamus or prohibition directed to the district court in an underlying civil action concerning Missouri's method for carrying out the death penalty. See Zink v. Lombardi, No. 2:12-cv-04209 (W.D. Mo. filed Aug. 1, 2012). Lombardi seeks to prohibit...

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