LAS VEGAS (AP) – A federal judge in Las Vegas says he’ll decide May 16 whether to dismiss a condemned Nevada killer’s lawsuit challenging the state’s plan for his lethal injection, because the state doesn’t have one of the drugs it would use.

U.S. District Judge Richard Boulware acknowledged Monday that key questions about the execution method remain unanswered following weeks of testimony late last year.

But the supply of a sedative prisons officials planned to use for Zane Floyd’s lethal injection expired on Feb. 28, and a state official says they’ve been unable to get more. There also is no active death warrant in Floyd’s case, so Boulware said the question before him might have become moot.