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Docket for 17A440 *** CAPITAL CASE ***

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No. 17A440 * CAPITAL CASE *

Title:	Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al., Applicants v. Torrey Twane McNabb
Docketed:	October 18, 2017
Lower Ct:	United States Court of Appeals for the Eleventh Circuit
Case Numbers:	(17-14612)

Proceedings and Orders

Oct 18 2017

Application (17A440) to vacate injunction, submitted to Justice Thomas.

Oct 19 2017

Response to application from respondent McNabb, Torrey T. filed.

Oct 19 2017

Reply of applicants Dunn, Comm'r, AL DOC, et al. filed.

Oct 19 2017

Application (17A440) referred to the Court.

Oct 19 2017

Application (17A440) granted by the Court. The application to vacate the injunction entered by the United States District Court for the Middle District of Alabama on October 16, 2017, presented to Justice Thomas and by him referred to the Court, is granted. “[I]nmates seeking time to challenge the manner in which the State plans to execute them must satisfy all of the requirements for a stay, including a showing of a significant possibility of success on the merits.” Hill v. McDonough, 547 U. S. 573, 584 (2006). The All Writs Act does not excuse a court from making these findings. Because the District Court enjoined Respondent’s execution without finding that he has a significant possibility of success on the merits, it abused its discretion. We accordingly vacate the injunction. Justice Breyer and Justice Sotomayor would deny the application to vacate the injunction.

Attorneys

Attorneys for Petitioners

Thomas R. Govan, Jr.
Counsel of Record

501 Washington Avenue
P.O. Box 300152
Montgomery, AL 36130-0152
Ph: (334)-242-7300
Party name: Dunn, Comm'r, AL DOC, et al.

Attorneys for Respondents

John Anthony Palombi
Counsel of Record

817 South Court Street
Montgomery, AL 36104
John_Palombi@fd.org
Ph: 334-834-2099
Party name: McNabb, Torrey T.

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