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MURPHY v. COLLIER

No. 19-70007.

919 F.3d 913 (2019)

Patrick Henry MURPHY, Plaintiff-Appellant, v. Bryan COLLIER, Executive Director, Texas Department of Criminal Justice; Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division; Billy Lewis, Warden, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED March 27, 2019.

Attorney(s) appearing for the Case

David R. Dow , University of Houston, Law Center, Houston, TX, for Plaintiff-Appellant.

Matthew Dennis Ottoway , Assistant Attorney General, Office of the Attorney General Criminal Appeals Division, Gwendolyn Suzanne Vindell , Assistant Attorney General, Office of the Attorney General Financial Litigation & Charitable Trusts Division, Austin, TX, for Defendants-Appellees.

Before SMITH, ELROD, and HIGGINSON, Circuit Judges.

Patrick Murphy is scheduled for execution on March 28, 2019, for the murder of police officer Aubrey Hawkins on December 24, 2000. His execution date was set on November 29, 2018. Murphy complains that the state of Texas permits only religious clerics who are employees of the Texas Department of Criminal Justice (TDCJ) to be physically present...

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