101573P.pdf   10/07/2011  Marcel Williams  v.  Ray Hobbs
   U.S. Court of Appeals Case No:  10-1573
                          and No:  10-2899
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Murphy, Author with Loken and Beam, Circuit Judges]
   Civil Case - civil rights. Dismissal of challenge to Arkansas's Method of
   Execution Act as violating the ex post facto clause and due process right
   to access the court is affirmed. There is not an ex post facto claus
   violation because the possibility that the director could eliminate
   anesthesia does not create a significant risk of increased punishment,
   because there should not be an increased mental anxiety because
   information is available under FOIA (including the quantity, method, and
   order of administration), and because it is speculative that the protocol
   would have been more humane had the Act been subject to the APA. The
   due process claims fails because inability to discover potential claims is
   not a due process violation and no actual injury has been shown. District
   court did not abuse its discretion in declining to exercise supplemental
   jurisdiction in Williams's case. District court's classification of habeas
   claim as second or successive was harmless error. District court's denial
   of Rule 59(e) motion was not an abuse of discretion because the new
   evidence does not add anything concrete.