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Click here for the full text of this decision FACTS:Robert James Neville was convicted of capital murder and placed on death row. Two days before he was scheduled to be executed by lethal injection, he filed for injunctive relief and a stay under 42 U.S.C. �1983, saying the lethal injection protocol violated the Eighth and 14th amendments. The district court dismissed the action, saying Neville was dilatory in filing his action. HOLDING:Affirmed. In considering a �1983 claim and other requests for equitable relief, the court may consider the state’s strong interest in proceeding with its judgment and at attempts to manipulate the system. “Neville offers no excuse for delaying his claim until the last minute, and, therefore, we find it improper to grant the equitable relief he seeks. Although the Supreme Court has granted a writ of certiorari in Hill v. Crosby, 05-8794, – S.Ct. -, 2006 WL 171583 (Jan. 25, 2006), ‘our precedent . . . remains binding until the Supreme Court provides contrary guidance.’ “ OPINION:Per curiam.

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