Eugene Wallace Perry v. Randy Morgan

Eugene Wallace Perry is scheduled to be executed on August 6, 1997 for the 1980 murders of Kenneth Staton and his daughter, Suzanne Ware. Perry’s two petitions for habeas corpus have previously been denied. 107 F.3d 665 (8th Cir.1997); 871 F.2d 1384 (8th Cir.), cert. denied, 493 U.S. 959, 110 S.Ct. 378, 107 L.Ed.2d 363 (1989). Now before the court is an appeal from the dismissal of his action brought under 42 U.S.C. § 1983 seeking equitable and declaratory relief. Perry also asks for a stay of his execution pending this appeal. We affirm.

Perry alleges that his application for executive…