Dunn v. McNabb

Supreme Court

Dunn v. McNabb

138 S. Ct. 369, 199 L. Ed. 2d 274, 2017 WL 4698311

CourtSupreme Court of the United States

DecidedOctober 19, 2017

DocketNo. 17A440.

StatusPublished

Cited by5 cases

This text of 138 S. Ct. 369 (Dunn v. McNabb) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunn v. McNabb, 138 S. Ct. 369, 199 L. Ed. 2d 274, 2017 WL 4698311 (U.S. 2017).

Pincite

Opinion

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, 126 S.Ct. 2096, 165 L.Ed.2d 44 (2016). 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.

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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, 126 S.Ct. 2096, 165 L.Ed.2d 44 (2016). 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.

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Bluebook (online)

138 S. Ct. 369, 199 L. Ed. 2d 274, 2017 WL 4698311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-mcnabb-scotus-2017.

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