Summary
In Nelson v. Campbell, No. 03-6821, 2003 WL 22327593 (Dec. 1, 2003), the Supreme Court certified the following question: "Whether a complaint brought under 42 U.S.C. Sec. 1983 by a death-sentenced state prisoner, who seeks to stay his execution in order to pursue a challenge to the procedures for carrying out the execution, is properly recharacterized as a habeas corpus petition under 28 U.S.C. Sec. 2254?
Summary of this case from Harris v. JohnsonOpinion
No. 03-6821.
December 1, 2003.
C A. 11th Cir. Motion of Alabama Physicians, Laurie Dill, et al. for leave to file a brief as amid curiae granted. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to the following question: "Whether a complaint brought under 42 U. S. C. § 1983 by a death-sentenced state prisoner, who seeks to stay his execution in order to pursue a challenge to the procedures for carrying out the execution, is properly recharacterized as a habeas corpus petition under 28 U. S. C. § 2254?" Reported below: 347 F. 3d 910.