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Federal judge dismisses lawsuit filed by Georgia death row inmate seeking to halt execution

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ATLANTA — A federal judge has dismissed a lawsuit filed by lawyers for a Georgia death row inmate seeking to halt his execution.

The lawsuit said the state was violating Marcus Wellons' civil rights and violating the U.S. Constitution by not disclosing the provider and true nature of the drugs that will be used in his scheduled execution. A federal judge in Atlanta on Monday rejected those arguments.

Marcus Wellons, who's 59, is set to be executed Tuesday evening at the state prison in Jackson. He was convicted in 1993 of raping and murdering his 15-year-old neighbor, India Roberts, a high school sophomore in the Atlanta suburbs.

The Georgia Board of Pardons and Paroles on Monday denied clemency for Wellons.

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