United States Sixth Circuit

In a death row inmate's 42 U.S.C. section 1983 suit challenging Ohio's denial of access to certain physical evidence for purposes of DNA testing, district court's determination that the action is a second or successive habeas petition was in err, but defendant's motion for a temporary restraining order or a preliminary injunction staying his execution is nonetheless denied as even if defendant were to prevail on his section 1983 claims, he would not be entitled to this remedy.

Appellate Information

• Decided 04/19/2010
• Published 04/19/2010

Judges

• Before: BATCHELDER, Chief Judge; SUHRHEINRICH and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Carrie L. Davis, American Civil Liberties Union Of Ohio, Cleveland, OH, Kathleen A. McGarry, McGarry Law Office, Glorieta, NM, Dennis Lyle Sipe, Buell & Sipe, Marietta, OH, for Darryl M. Durr.