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JASON GETSY, Plaintiff-Appellant, v. TED STRICKLAND, et al., Defendants-Appellees. |
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Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 04-01156—Gregory L. Frost, District Judge.
Argued: July 30, 2009
Decided and Filed: August 12, 2009
Before: MERRITT, MOORE, and GILMAN, Circuit Judges.
RONALD LEE GILMAN, Circuit Judge. Jason Getsy was convicted of aggravated murder and sentenced to death in 1996. In 2007, he filed an intervenor complaint in a lawsuit brought under 42 U.S.C. § 1983 by fellow inmate Richard Cooey that challenged Ohio’s lethal-injection protocol. After this court concluded that Cooey’s challenge was time barred, see Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007) (Cooey II), the district court dismissed Getsy’s complaint on the same ground. For the reasons set forth below, we AFFIRM the judgment of the district court.