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BOYD v. BECK

No. 5:05-CT-774-D.

404 F.Supp.2d 879 (2005)

Kenneth Lee BOYD v. Theodis BECK, Secretary, North Carolina Department of Correction; Marvin Polk, Warden Central Prison, Raleigh, North Carolina; and Unknown Executioners, individually and in their official capacity, Defendants.

United States District Court, E.D. North Carolina, Western Division.

November 29, 2005.

Attorney(s) appearing for the Case

Thomas K. Maher, Thomas K. Maher, Attorney at Law, Chapel Hilol, NC, for Kenneth Lee Boyd, Plaintiff.

James Peeler Smith, NC Dept. of Justice, Thomas James Pitman, N.C. Dept. of Justice, Raleigh, NC, for Theodis Beck Secretary, North Carolina Department of Correction, Marvin Polk Warden, Central Prison, Raleigh, North Carolina, Unknown Executioners Individually, and in their Official Capacities, Defendants.

ORDER

DEVER, District Judge.

Kenneth Lee Boyd is scheduled to be executed at 2:00 a.m. on December 2, 2005, for brutally murdering his estranged wife and her father on March 4, 1988. Boyd was convicted and sentenced to die on July 7, 1994. Thereafter, Boyd's direct appeal in state court and his collateral attack in state and federal court failed. After the Supreme Court of the United States denied Boyd's petition for a writ of certiorari on October 3, 2005...

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