United States Court of Appeals
For the Eighth Circuit
___________________________ No. 13-3699 ___________________________ In re: George A. Lombardi,lllllllllllllllllllll
. ____________ Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________ Submitted: January 17, 2014Filed: January 24, 2014 ____________ Before RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH,COLLOTON, GRUENDER, SHEPHERD, and KELLY, Circuit Judges, En Banc.
____________ COLLOTON, Circuit Judge, with whom RILEY, Chief Judge, and WOLLMAN,LOKEN, SMITH, GRUENDER, and SHEPHERD, Circuit Judges, join.George Lombardi, Director of the Missouri Department of Corrections, petitions for a writ of mandamus or prohibition directed to the district court in anunderlying civil action concerning Missouri’s method for carrying out the death penalty.
See Zink v. Lombardi
, No. 2:12-cv-04209 (W.D. Mo. filed Aug. 1, 2012). Lombardi seeks to prohibit the district court from enforcing orders that Lombardimust disclose in civil discovery, for use by opposing counsel, the identities of (1) theJudge Benton did not participate in the consideration or decision of this
Appellate Case: 13-3699 Page: 1 Date Filed: 01/24/2014 Entry ID: 4117215