Robert Pruett v. Jack Choate
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRY E. SMITH, Circuit Judge: *
Robert Pruett was sentenced to death for capital murder and is scheduled to be executed on October 12, 2017. On August .8, 2017, he sued under 42 U.S.C. § 1983, alleging that he was denied due process in state proceedings to obtain postconviction DNA testing. He sought injunctive relief regarding the DNA testing and a stay of execution. The district court dismissed the compliant. We affirm.
I
In 2002, Pruett was sentenced to death for the murder of Daniel Nagle, a Corrections Officer. At the time, Pruett was serving a life sentence for a prior murder. The…
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