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RHOADES v. REINKE

No. 11-35940.

671 F.3d 856 (2011)

Paul Ezra RHOADES, Petitioner-Appellant, v. Brent REINKE, Randy Blades, Does 1-50, and/or Unknown Executioners, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 16, 2011.

Attorney(s) appearing for the Case

Oliver W. Loewy and Teresa A. Hampton , Capital Habeas Unit, Federal Defenders Services of Idaho, Inc., for appellant Paul Ezra Rhoades.

Lawrence G. Wasden , Attorney General of Idaho, Mark A. Kubinski , Krista L. Howard , and L. LaMont Anderson , Deputy Attorneys General of Idaho, Idaho Department of Correction, for appellees Brent Reinke et al.

Before: RONALD M. GOULD, JAY S. BYBEE, and CARLOS T. BEA, Circuit Judges.

OPINION

PER CURIAM:

We consider Paul Ezra Rhoades's appeal from the district court's denial of his emergency motion for preliminary injunction or stay of execution. The district court held that the Idaho Department of Correction ("IDOC") has provided appropriate safeguards to ensure that there is not a substantial risk of serious harm to Rhoades in the form of severe pain during the administration of the drugs used in Idaho's three-drug lethal injection...

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