NOT RECOMMENDED FOR PUBLICATION File Name: 10a0069n.06 No. 10-3098 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED LAWRENCE REYNOLDS, ) Feb 03, 2010 ) LEONARD GREEN, Clerk Plaintiff, ) ) MARK BROWN, ) ) ON APPEAL FROM THE UNITED Intervenor - Appellant, ) STATES DISTRICT COURT FOR ) THE SOUTHERN DISTRICT OF v. ) OHIO ) ) TED STRICKLAND, TERRY J. COLLINS, ) ORDER PHILLIP KERNS, and EXECUTION TEAM ) MEMBERS #1-21, ) ) Defendants-Appellees. )

Before: BATCHELDER, Chief Circuit Judge; SILER and SUTTON, Circuit Judges.

PER CURIAM. The motion by the appellant, Mark Brown, for a stay of execution is denied, and the panel affirms the district court for the reasons set forth in the district court opinion, Reynolds (Brown) v. Strickland, No. 2:10-cv-27 (S.D. Ohio Feb. 2, 2010), and in our recent opinion in Cooey (Biros) v. Strickland, 589 F.3d 210 (6th Cir. 2009).

AFFIRMED.