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SELLS v. LIVINGSTON

No. 14-70014.

750 F.3d 478 (2014)

Tommy Lynn SELLS; Ramiro Hernandez, Plaintiffs-Appellees v. Brad LIVINGSTON, Executive Director, Texas Department of Criminal Justice, William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division, James Jones, Senior Warden, Huntsville Unit, and Unknown Executioners, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 7, 2014.

Attorney(s) appearing for the Case

Maurie Levin , Philadelphia, PA, Jonathan Jeffrey Ross, Esq. , Susman Godfrey, L.L.P., Houston, TX, for Plaintiffs-Appellees.

Ellen Stewart-Klein , Assistant Attorney General, Katherine Diane Hayes , Assistant Attorney General, Edward Larry Marshall , Office of the Attorney General, Austin, TX, for Defendants-Appellants.

Before SOUTHWICK, HAYNES, and HIGGINSON, Circuit Judges.

PER CURIAM:

The district court on April 2, 2014, enjoined the State of Texas from executing Tommy Lynn Sells or Ramiro Hernandez. The State appealed. Another panel of this court reversed the injunction as to Sells. As to Hernandez, we REVERSE the district court's order and GRANT the motion to vacate the stay of execution.

BACKGROUND

In 2000, Hernandez was convicted and sentenced to death in Texas state court for murdering Glen Lich. Hernandez was...

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