David Fierro, and James H. Gomez v. Richard E. Grant, Applicant in Intervention-Appellant

53 F.3d 338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David FIERRO, Plaintiff, and James H. GOMEZ, et al., Defendants-Appellees, v. Richard E. GRANT, Applicant in intervention-Appellant. No. 93-17264. United States Court of Appeals, Ninth Circuit. Submitted April 13, 1995. * Decided April 25, 1995. Before: TANG, SCHROEDER, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Richard E. Grant, a condemned California inmate, appeals pro se the district court's order denying his motion to intervene in Fierro v. Gomez, 865 F.Supp. 1387 (N.D. Cal. 1994), a suit challenging the constitutionality of the State of California's use of lethal gas as a method of execution. He seeks intervention in order to urge the constitutionality of lethal gas, the method by which he would like to be executed. We affirm. A. 3 The underlying suit, filed by plaintiffs on April 17, 1992 pursuant to 42 U.S.C. Sec. 1983 , sought to invalidate lethal gas as a method of execution in California on the ground…