Morales

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL ANGELO MORALES, 

Plaintiff, No. 10-99019 and D.C. No. 5:06-cv-00219-JF

ALBERT GREENWOOD BROWN,

Plaintiff-Appellant,  Northern District of California, v. San Jose

MATTHEW CATE, ORDER

Defendant-Appellee.  Filed September 27, 2010

Before: Andrew J. Kleinfeld, M. Margaret McKeown, and Raymond C. Fisher, Circuit Judges.

ORDER

1. This appeal in its present posture is not about the guilt of Albert Greenwood Brown. He was found guilty of a hor- rific crime and his conviction has been sustained by both state and federal courts. Nor is this proceeding about the constitu- tionality or availability of the death penalty, a procedure countenanced by the Supreme Court. Gregg v. Georgia, 428 U.S. 153 (1976). Instead, we address the narrow issue of the manner and timing of Brown’s execution in a fashion that comports with the Eighth Amendment’s protection against cruel and unusual punishment. In short, the question is whether the State’s newly revised three-drug lethal injection protocol,…