Creech

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

THOMAS E. CREECH, No. 24-978

Petitioner-Appellant, D.C. No. 1:20-cv-00114-AKB

v.

JOSH TEWALT, Director, Idaho OPINION Department of Correction; TIM RICHARDSON, Warden, Idaho Maximum Security Institution; CHAD PAGE, Chief, Division of Prisons, Idaho Department of Correction, in his official capacity; and

UNKNOWN EMPLOYEES, AGENTS,

OR CONTRACTORS OF THE IDAHO

DEPARTMENT OF CORRECTION,

Respondents-Appellees.

Appeal from the United States District Court for the District of Idaho Brailsford, District Judge, Presiding

Submitted February 23, 2024 San Francisco, California

Before: William A. Fletcher, Jay S. Bybee, and Morgan Christen, Circuit Judges.

PER CURIAM:

1 Petitioner-Appellant Thomas Eugene Creech, a death row inmate in the

custody of the Idaho Department of Correction (IDOC), appeals the denial of his

motion for a preliminary injunction in this 42 U.S.C. § 1983 action raising

constitutional claims concerning his method of…