Cook

Plaintiff Daniel Wayne Cook (“Cook”), an Arizona prisoner scheduled for execution on April 5, 2011, filed this action for equitable, injunctive and declaratory relief under 42 U.S.C. § 1983 (“§ 1983”) against Janice Brewer, Governor of Arizona, as well as Charles Ryan, Ernest Trujillo, and Carson McWilliams, who are Arizona Department of Corrections (“ADC”) officials (collectively, “Defendants”). The district court granted Defendants’ motion to dismiss for failure to state a claim upon which relief may be granted under Fed. R.Civ.P. 12(b)(6) (“Rule 12(b)(6)”). On appeal, Cook challenges the district court’s decisions regarding two of his Eighth Amendment claims. First, he argues that Defendants’ intent to use a foreign manufactured non-Food and Drug Administration (“FDA”) approved substance (which Defendants state is sodium thiopental) in his execution creates a substantial and unnecessary risk of unconstitutional pain. Second, Cook contends that the administration of this substance by medical professionals would constitute deliberate indifference to his right to be free from cruel and unusual punishment. We affirm.

I

Cook is scheduled for execution on April 5, 2011,…