Byron Ashley Parker v. The State Board of Pardons

Byron Ashley Parker, scheduled to be executed at 7:00 p.m. on Tuesday, December 11, 2001, appeals the denial of his motion under Rule 65 of the Federal Rules of Civil Procedure for a temporary restraining order (“TRO”), preliminary injunction, and/or stay of execution based on his claim for declaratory relief pursuant to 42 U.S.C. § 1983. Parker’s claim alleges that, as presently constituted, the Georgia Board of Pardons and Paroles (the “Board”) is incapable of providing him with a clemency hearing that comports with the minimal, constitutionally-required standards of due process that attach…