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PAVATT v. JONES

No. 10-6268.

627 F.3d 1336 (2010)

James PAVATT, Plaintiff, and Jeffrey Matthews, Plaintiff-Intervenor-Appellant, and John David Duty, Plaintiff-Intervenor, v. Justin JONES, Director, Department of Corrections, Randall G. Workman, Warden, Oklahoma State Penitentiary; John Doe, 1-50 Unknown Executioners, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 14, 2010.

Attorney(s) appearing for the Case

Timothy R. Payne, Assistant Federal Public Defender, Western District of Oklahoma, Oklahoma City, OK, for Plaintiff-Intervenor-Appellant.

Seth S. Branham, Assistant Attorney General, W.A. Drew Edmondson, Attorney General of Oklahoma, Oklahoma City, OK, for the Defendants-Appellees.

Before BRISCOE, Chief Judge, GORSUCH, and HOLMES, Circuit Judges.

BRISCOE, Chief Judge.

Plaintiff Jeffrey Matthews, an Oklahoma state prisoner sentenced to death by lethal injection, appeals from the district court's denial of his motion for a preliminary injunction of the execution. Exercising jurisdiction pursuant to 28 U.S.C. § 1292(a)(1), we affirm.*

I

Matthews was convicted in Oklahoma state court of first degree murder and sentenced to death. See Matthews v. Workman,<...

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