Henyard v. SECRETARY, DOC
Court of Appeals for the Eleventh Circuit
1Per curiam
Plaintiff-Appellant Richard Henyard is a Florida death row inmate scheduled for execution on September 23, 2008, at 6:00 p.m. On September 22, 2008, at 9:30 p.m., Henyard filed an action, via facsimile, under 42 U.S.C. § 1983, contending that certain aspects of the method of execution by lethal injection chosen by the State of Florida constitute cruel and unusual punishment, in violation of the Eighth and Fourteenth Amendments. The district court construed Henyard’s complaint to include a motion for a stay of execution. On September 23, 2008, at 12:53 p.m., the district court denied Henyard’s…
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