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WEST v. BREWER

No. 11-16707.

652 F.3d 1060 (2011)

Thomas Paul WEST; Gregory Dickens; Charles M. Hedlund; Robert W. Murray; Theodore Washington; Todd Smith, Plaintiffs-Appellants, v. Janice K. BREWER, Governor of Arizona; Charles L. Ryan, Director, Arizona Department of Corrections; Ernest Trujillo; Carson McWilliams, Warden, Arizona Department of Corrections-Florence; Unknown Parties, named as Does 1-50, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 18, 2011.

Attorney(s) appearing for the Case

Jon M. Sands, Arizona Federal Public Defender, Dale Baich (argued), Robin C. Konrad, Assistant Arizona Federal Public Defenders, Phoenix, AZ, for Petitioner-Appellant.

Thomas C. Horne, Attorney General, Jonathan Bass (argued), Assistant Attorney General, Tucson, AZ, for Respondent-Appellant.

Before: ANDREW J. KLEINFELD, KIM McLANE WARDLAW, and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER

Thomas Paul West is scheduled to be executed by the State of Arizona tomorrow, July 19, 2011. Last night, the district court denied West's Emergency Motion for Temporary Restraining Order or Preliminary Injunction in which West sought to temporarily stay his execution. West filed a notice of appeal, and this morning filed an Emergency Motion Under Circuit Rule 27-3 for an Injunction. We deny his emergency motion.

In order to obtain preliminary injunctive...

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