A federal court cannot stay an execution under § 1983; federal statutes permit a stay of state executions only if a habeas proceeding is pending. Such a proceeding is not an authorized exception to the Anti-Injunction Act.
The court denies a TRO on the merits as well, since the plaintiff has pursued every possible avenue to avoid execution, and therefore cannot complain that his execution was delayed and rescheduled. His consular consultation claim is precluded by decisions in earlier proceedings. See: Faulder v. Johnson, 99 F.Supp.2d 774 (S.D.Tex. 1999).
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Related legal case
Faulder v. Johnson
|Cite||99 F.Supp.2d 774 (S.D.Tex. 1999)|