Supreme Court of the United States · Official docket →
Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al., Applicants v. Torrey Twane McNabb
Application · United States Court of Appeals for the Eleventh Circuit, No. 17-14612
Application granted · October 19, 2017
Counsel of record
For petitioner
Thomas R. Govan, Jr.
For respondent
John Anthony Palombi
Case
Conference history
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Proceedings
- Oct 19 2017Response to application from respondent McNabb, Torrey T. filed.
- Oct 19 2017Reply of applicants Dunn, Comm'r, AL DOC, et al. filed.
- Oct 19 2017Application (17A440) referred to the Court.
- Oct 19 2017Application (17A440) granted by the Court. The application to vacate the injunction entered by the United States District Court for the Middle District of Alabama on October 16, 2017, presented to Justice Thomas and by him referred to the Court, is granted. “[I]nmates seeking time to challenge the manner in which the State plans to execute them must satisfy all of the requirements for a stay, including a showing of a significant possibility of success on the merits.” Hill v. McDonough, 547 U. S. 573, 584 (2006). The All Writs Act does not excuse a court from making these findings. Because the District Court enjoined Respondent’s execution without finding that he has a significant possibility of success on the merits, it abused its discretion. We accordingly vacate the injunction. Justice Breyer and Justice Sotomayor would deny the application to vacate the injunction.
- Oct 18 2017Application (17A440) to vacate injunction, submitted to Justice Thomas.