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GARCIA v. JONES

No. 18-70031.

910 F.3d 188 (2018)

Joseph C. GARCIA, Plaintiff-Appellant, v. Carmella JONES; Ed Robertson; David Gutierrez; Fred Rangel; Brian Long; Fred Solis; James Lafavers; Gregory W. Abbott, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 2, 2018.

Attorney(s) appearing for the Case

Dale Andrew Baich, Esq. , Edward Flores , Assistant Federal Public Defender, Federal Public Defender's Office, District of Arizona, Phoenix, AZ, for Plaintiff-Appellant.

Jefferson David Clendenin , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Defendants-Appellees.

Before DENNIS, ELROD, and HIGGINSON, Circuit Judges.

Joseph Garcia was sentenced to death by a Texas jury and is scheduled for execution on December 4, 2018.1 Garcia filed a complaint under 42 U.S.C. § 1983 against the Texas Governor and the members of the Texas Board of Pardons and Paroles (the Board) alleging that the Board's composition violated his Eighth...

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