Schwab v. Secretary, Dept. of Corrections

We have before us a motion filed by the State of Florida, through the Secretary of its Department of Corrections, asking that we vacate a stay of execution the district court entered early yesterday afternoon on behalf of Mark Dean Schwab. That court entered the stay in response to Schwab’s emergency motion for one in connection with his last-minute filing of a 42 U.S.C. § 1983 lawsuit challenging the manner in which the state’s lethal injection procedures are designed and carried out. 1 The district court made it clear that the Supreme Court’s grant of certiorari in Baze v. Rees, - U.S.-,…