District court's denial of defendant's request for a stay of execution by lethal injection challenging Ohio's new protocol where the state eliminated the use of a three-drug protocol and implemented a one-drug protocol is affirmed as the defendant is unable to demonstrate a likelihood of success on the merits on his Eighth Amendment claim by demonstrating that, facially or as applied to him, Ohio's new protocol demonstrates risk of severe pain that is substantial when compared to the known and available alternatives.
Argued: December 7, 2009
Decided and Filed: December 7, 2009
Opinion by Circuit Judge Gibbons
For Appellant: N/A
For Appellee: N/A