Landrigan v. Brewer et al

Filing 49

ORDER - IT IS ORDERED that the motions to intervene filed by John King, Donald Edward Beaty, and Daniel Wayne Cook (Docs. 27 , 28 & 36 ) are DENIED. FURTHER ORDERED that Daniel Wayne Cook's motion to consolidate cases (Doc. 47 ) is DENIED. FURTHER ORDERED that the Clerk of Court shall terminate this case as moot. Signed by Judge Roslyn O Silver on 11/22/10. (SAT)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) Plaintiff, ) ) vs. ) ) Janice K. Brewer, Governor of the State ) of Arizona; Charles L. Ryan, Director ) of the Arizona Department of Corrections;) ) Ernest Trujillo, Warden, Arizona ) Department of Corrections - Eyman; Carson McWilliams, Warden, Arizona ) Department of Corrections - Florence; ) ) Does 1-50, ) ) Defendants. ) ) Jeffrey Timothy Landrigan, No. CV-10-02246-PHX-ROS DEATH PENALTY CASE

ORDER

On October 21, 2010, Plaintiff Jeffrey Timothy Landrigan filed this suit pursuant to 42 U.S.C. § 1983, alleging that execution by lethal injection using sodium thiopental obtained from a non-FDA approved manufacturer would violate his rights under the Eighth and Fourteenth Amendments. Plaintiff sought "equitable, injunctive, and declaratory relief to prevent Defendants from carrying out [Plaintiff's] execution." (Doc. 1 at 2.) On October 26, 2010, Plaintiff was executed. Thereafter, Eric John King, Donald Edward Beaty, and Daniel Wayne Cook (the "Potential Intervenors") filed a motion to intervene in this action. Cook also filed a motion to consolidate this action with a nearly identical § 1983 complaint he filed in Case No. CV-10-2454-PHX-RCB. On November 5, 2010, the Court directed Potential Intervenors and Defendants to address whether Plaintiff's case is moot. After

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considering the briefs, the Court concludes that Plaintiff's execution rendered this action moot. See Kennerly v. United States, 721 F.2d 1252, 1260 (9th Cir. 1983) (finding claim for injunctive relief moot after plaintiff's death). Accordingly, the Court will deny the pending motions and direct that this case be terminated. Based on the foregoing, IT IS ORDERED that the motions to intervene filed by John King, Donald Edward Beaty, and Daniel Wayne Cook (Docs. 27, 28 & 36) are DENIED. IT IS FURTHER ORDERED that Daniel Wayne Cook's motion to consolidate cases (Doc. 47) is DENIED. IT IS FURTHER ORDERED that the Clerk of Court shall terminate this case as moot. DATED this 22nd day of November, 2010.

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