On March 2, we noted here the decision of the Sixth Circuit in Cooey v. Strickland, regarding the statute of limitations to bring a § 1983 (Civil Rights Act) challenge to lethal injection. Today the full court declined to take the case en banc. The plaintiff has 90 days to ask the U.S. Supreme Court to take the case.

Judges Gilman, Martin, Daughtrey, Moore, Cole, and Clay dissented. Judge Cook was recused.