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WAINWRIGHT v. BROWNLEE

No. 97-1065.

103 F.3d 708 (1997)

Kirt Douglas WAINWRIGHT, Appellant, v. Leroy BROWNLEE, Member of The Arkansas Post-Prison Transfer Board; August Pieroni, Member of The Arkansas Post-Prison Transfer Board; Charles Chastain, Member of The Arkansas Post-Prison Transfer Board; Ermer Pondexter, Member of The Arkansas Post-Prison Transfer Board; Fred Allen, Member of The Arkansas Post-Prison Transfer Board; Railey Steele, Member of The Arkansas Post-Prison Transfer Board; Larry Norris, Director, Arkansas Department of Correction; Mike Huckabee, Governor of Arkansas, Appellees. Kirt Douglas WAINWRIGHT, Appellant, v. Mike HUCKABEE, Governor of Arkansas; Olan Reeves; Larry Norris, Director, Arkansas Department of Correction, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 8, 1997.

Attorney(s) appearing for the Case

Craig Lambert, Little Rock, AR, for Appellant.

Kelly Kristine Hill, Little Rock, AR, for Appellee.

Before FAGG, Circuit Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

PER CURIAM.

Two days before his scheduled execution for killing a convenience store clerk in Arkansas, Kirt Wainwright filed two civil rights lawsuits to delay his death. In the first action, Wainwright asserts his constitutional rights were violated on December 26, 1996 when the Post-Prison Transfer Board declined to recommend clemency without considering his case on the merits because Wainwright had not yet exhausted his habeas remedies in the courts. On January...

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