ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Appellant Bobby Lee Hines has been convicted of capital murder and sentenced to death by the Texas State Courts for the brutal murder of Michelle Wendy Haupt. Mr Hines filed the instant lawsuit under 42 U.S.C. § 1983 alleging violation of the Eighth and Fourteenth Amendments challenging the constitutionality of Texas’s execution protocol. The district court dismissed Hines’ action for failure to state a claim upon which relief may be granted. This court affirmed. The Supreme Court, however, vacated the judgment and remanded the case for consideration in light of Nelson v. Campbell, 541 U.S. 637, 124 S.Ct. 2117, 158 L.Ed.2d 924 (2004). We have reconsidered the case in light of Nelson and subsequent circuit precedent. After doing so we conclude that our judgment affirming the district court’s decree should be reinstated on the alternate grounds established in Aldrich v. Johnson, 388 F.3d 159 (5th Cir. 2004). For the alternate reasons assigned, the original judg *146 ment of the court affirming the district court’s judgment is reinstated.