Jeffrey Landrigan v. Janice Brewer
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEFFREY TIMOTHY LANDRIGAN, No. 10-99021 Plaintiff-Appellee, D.C. No. v. JANICE K. BREWER; et al., 2:10-cv-00246-ROS District of Arizona, Defendants-Appellants. Phoenix
ORDER
Filed October 26 2010
Before: Pamela Ann Rymer, Kim McLane Wardlaw, and William A. Fletcher, Circuit Judges.
ORDER
The State of Arizona appeals the district court’s order granting a temporary restraining order enjoining the sched- uled execution on October 26, 2010 of Arizona inmate Jeffrey Timothy Landrigan.1 We cannot say the district court abused its discretion, and we affirm.
Landrigan filed a complaint under 42 U.S.C. § 1983 on October 21, 2010, challenging the use of sodium thiopental from an unidentified foreign manufacturing source that is not approved by the Food and Drug Administration (FDA). He maintains that this creates a substantial and unnecessary risk of serious pain during his execution in violation of the Eighth Amendment to the United States Constitution. Landrigan also 1 The district court’s mandate states that “Plaintiff ’s…