United States Fifth Circuit

Sua sponte dismissal of a suit seeking injunctive relief pursuant to 42 U.S.C. section 1983 brought by an individual scheduled to be executed by lethal injection is affirmed where the district court correctly held that plaintiff was dilatory in filing the complaint. Further, plaintiff's request for stay of execution is denied.

Appellate Information

• Decided 07/19/2006
• Published 07/20/2006

Judges

• BENAVIDES, Circuit Judge:, Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Larry L. Warner, Law Offices of Larry Warner, Brownsville, TX, for Brown.


• For Appellees:
  
• Tomee Morgan Heining, Austin, TX, for Defendants-Appellees.