The following excerpt is from Pizzuto v. Tewalt, 997 F.3d 893 (9th Cir. 2021):
The district court's bright-line rule effectively compels a result that we have repeatedly and emphatically directed plaintiffs to avoid. In the district court's view, plaintiffs claims will become ripe only after their post-conviction proceedings have concluded. At that time, the state will also be able to issue a death warrant. See Harris v. Johnson , 376 F.3d 414, 417 (5th Cir. 2004) (per curiam) ("The denial of certiorari [on a federal habeas petition] ... entitle[s] the state to set a
[997 F.3d 900]
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