Thomas West v. Janice Brewer

FILED

FOR PUBLICATION JUL 18 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

THOMAS PAUL WEST; GREGORY No. 11-16707

DICKENS; CHARLES M. HEDLUND;

ROBERT W. MURRAY; THEODORE D.C. No. 2:11-cv-01409-NVW WASHINGTON; TODD SMITH, District of Arizona, Phoenix Plaintiffs - Appellants,

v. ORDER

JANICE K BREWER, Governor of Arizona; CHARLES L. RYAN, Director, Arizona Department of Corrections;

ERNEST TRUJILLO; CARSON

MCWILLIAMS, Warden, Arizona Department of Corrections- Florence; UNKNOWN PARTIES, named as Does 1- 50,

Defendants - Appellees.

Before: KLEINFELD, WARDLAW, and CALLAHAN, Circuit Judges.

Thomas Paul West is scheduled to be executed by the State of Arizona

tomorrow, July 19, 2011. Last night, the district court denied West's Emergency

Motion for Temporary Restraining Order or Preliminary Injunction in which West

sought to temporarily stay his execution. West filed a notice of appeal, and this morning filed an Emergency Motion Under…