West

ORDER

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 Circuit Rule 27-3 for an Injunction. We deny his emergency motion.

In order to obtain preliminary injunctive relief, West must show “(1) that he is likely to succeed on the merits of such a claim, (2) that he is likely to suffer irreparable harm in the absence of preliminary relief, (3) that the balance of equities tips in his favor, and (4) that an injunction is in the public interest.” Beaty v. Brewer, 649 F.3d 1071, 1072 (9th Cir.2011) (citing Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 129 S.Ct. 365, 374 , 172 L.Ed.2d 249 (2008)). As we did in Beaty , “[w]e acknowledge that [West] has a strong interest in being executed in a constitutional manner, but he has not shown that this interest is threatened in this case.” Id. West has not shown that the manner in which Arizona intends to execute him “creates a…