The Nevada Attorney General’s office filed an appeal with the Nevada Supreme Court Wednesday over the temporary restraining order that put the execution of Scott Dozier on hold earlier this month.
A judge issued the order after a drug manufacturer sued because their drug was being used in the execution. New Jersey-based Alvogen contends Nevada prison officials illegally obtained its sedative midazolam (mid-AHZ’-oh-lam).
But, according to the filing, the state is asking the court to dissolve the temporary restraining order, claiming there are only six ways to stay an execution, and third-party civil litigation is not one of them.
In the court documents, it’s also noted that the drug in question has been used in 33 executions, including one in Ohio, which occurred exactly one week ago.
This is the second time the twice-convicted killer’s lethal injection was postponed for the second time. Dozier says he wants to die, but the state has twice been blocked from using a never-tried combination of three drugs that it adopted after struggling to obtain lethal injection supplies.
Doziers’s execution will be the first in the state in 12 years.
A hearing on the appeal hasn’t been scheduled.