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Case Nos. C 06 219 JF & C 06 926 JF RS
ORDER REQUESTING SUPPLEMENTAL BRIEFING
(DPSAGOK)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
Michael Angelo MORALES,
Plaintiff,
v.
Roderick Q. HICKMAN, Secretary of the
California Department of Corrections and
Rehabilitation; Steven W. Ornoksi, Acting Warden
of San Quentin State Prison; and Does 1-50,
Defendants.
Case Number C 06 219 JF
Case Number C 06 926 JF RS
DEATH-PENALTY CASE
ORDER REQUESTING
SUPPLEMENTAL BRIEFING
[Docket No. 12]
In connection with its pending determination as to whether it should grant relief to
Plaintiff, the Court is interested in Defendants’ view as to whether either of the following would
be feasible:
(1)
Proceeding with the execution using only sodium thiopental; or
(2)
Utilizing an independent means—including but not limited to a medical device or the
presence of a qualified individual approved by the Court—to insure that Plaintiff in fact is
unconscious before pancuronium bromide and potassium chloride are injected.
Defendants shall respond to this inquiry in writing by 5:00 p.m. today; such response
shall not be deemed a waiver of Defendants’ position that Plaintiff is not entitled to injunctive
relief. Plaintiff may respond to Defendants’ submission not later than 12:00 noon tomorrow.
Case 5:06-cv-00926-JF Document 2 Filed 02/13/2006 Page 1 of 2
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Case No. C 06 219 JF & C 06 926 JF RS
ORDER REQUESTING SUPPLEMENTAL BRIEFING
(DPSAGOK)
The Court still intends to rule on Plaintiff’s motion for a preliminary injunction by the close of
business tomorrow.
IT IS SO ORDERED.
DATED: February 13, 2006
__________________________________
JEREMY FOGEL
United States District Judge
Case 5:06-cv-00926-JF Document 2 Filed 02/13/2006