Frank Atwood v. David Shinn

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 7 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANK JARVIS ATWOOD, No. 22-15821

Plaintiff-Appellant, D.C. No. 2:22-cv-00860-MTL-JZB v.

DAVID SHINN, Director, Arizona OPINION Department of Corrections, Rehabilitation & Reentry; JAMES KIMBLE, Warden, ASPC- Eyman; JEFFREY VAN WINKLE, Warden, ASPC-Florence; LANCE HETMER, Assistant Director for Prison Operations, Arizona Department of Corrections, Rehabilitation & Reentry; MARK BRNOVICH, Attorney General, Attorney General of Arizona; UNKNOWN PARTY, Named as John Doe - Arizona-Licensed Pharmacist,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding

Argued and Submitted June 6, 2022 San Francisco, California

Before: M. Margaret McKeown, Consuelo M. Callahan, and Sandra S. Ikuta, Circuit Judges. Per Curiam Frank Atwood is scheduled to be executed in Arizona on Wednesday, June

8, 2022. On May 19, 2022, he sued various Arizona Department of…