Judge won't block killing of Ga. death row inmate

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Associated Press

Posted on February 21, 2013 at 5:06 PM

WASHINGTON (AP) — A federal judge has turned down a bid to block the execution of a Georgia man who is scheduled to be executed Thursday.

Lawyers for Andrew Cook wanted a judge to direct the Drug Enforcement Administration to prevent the use of pentobarbital in Cook's lethal injection. The lawyers argued that using the drug without a prescription violated federal law.

But U.S. District Judge Richard J. Leon declined to grant the temporary restraining order. He said that "common sense" suggested that the prescription requirement applies to medical uses, not lawfully authorized executions.

Earlier Thursday, the Georgia Supreme Court dismissed a request for a stay of the execution, which is schedule for 7 p.m. EST.

Cook was convicted in the 1995 shooting deaths of two college students.

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